Resolution Number 23-09-19-021 9/19/2023
RESOLUTION NO. 23-09-19-02
MINISTERIAL APPROVAL OF BUILDING PERMIT B 23-0700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DENYING THE APPEAL OF THE DESIGN
REVIEW COMMITTEE’S MINISTERIAL APPROVAL OF BUILDING PERMIT B
23-0700 AND CONFIRMING ISSUANCE OF A CLASS 32 CATEGORICAL
EXEMPTION FOR INFILL DEVELOPMENT RELATED TO THE DESIGN
REVIEW COMMITTEE’S APPROVAL OF B 23-0700 FOR A SINGLE-FAMILY
RESIDENCE ON A VACANT PARCEL ASSESSOR PARCEL NUMBERS
675-081-11 AND 675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW
OTTOSON)
WHEREAS, RRM Design Group, Matthew Ottoson, 32332 Camino
Capistrano, Suite 205, San Juan Capistrano, CA 92675, has requested approval of GPM
19-023, to modify the grade on a 1.4-acre vacant parcel to create a building pad for the
future development of a single-family residential home with attached garage, pool, deck
and hardscape located on Avenida California identified as APN 675-081-11 and 675-081-
25. The subject property, located on the west side of Avenida California, has a General
Plan Land Use Designation of Medium Low Density Residential and a Zoning Designation
of Planned Community (PC), Comprehensive Development Plan (CDP) 81-01, Hillside
Estate; and,
WHEREAS, Arsalan Darmal is the owner of real property identified as APN
675-081-11 and 675-081-25; and,
WHEREAS, the proposed project at the Residence has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Forster Canyon Planned Community (PC) and governed
by Comprehensive Development Plan (CDP) 81-01, Hillside Estate Residential District,
which identifies a detached single-family residence as a by-right use and structure, to be
developed in accordance with the district’s development standards, with final approval by
the Design Review Committee (DRC); and,
WHEREAS, the City's Environmental Administrator has determined that the
project is categorically exempt from further review under Section 15332, Infill
Development. The whole of the project is exempt under Section 15332 because the
project meets the following required conditions for Class 32: (1) project is consistent with
the applicable general plan designation and all applicable general plan policies as well as
with applicable zoning designation and regulations; the project is consistent with the
General Plan designation of medium low density residential as it proposes grading for
construction of a single-family residential structure and related accessory structures and
consistence with the development requirements in Title 9 of the Municipal Code and the
Planned Community (PC) and Comprehensive Development Plan 81-01; (2) The
proposed development occurs within city limits on a project site of no more than five acres
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substantially surrounded by urban uses; the project is located in the City of San Juan
Capistrano on a site that is less than five acres (1.4 acres) and is substantially surrounded
by urban uses, including the I-5 Freeway, other single-family residential homes, and a
community park; (3) The project site has no value, as habitat for endangered, rare or
threatened species; the site is substantially surrounded by developed lots with single-
family homes, a community park, and the I-5 Freeway, it has previously been improved
with drainage facilities which will be maintained after development and has no value as
habitat for endangered, rare or threatened species; (4) Approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; the
project proposes grading for construction of a single-family residence and related
accessory structures, including an attached garage, and is conditioned to ensure that
there will not be negative impacts to hydrology and water quality as required by local and
state laws and therefore will not result in any significant effects relating to traffic, noise,
air quality, or water quality; (5) The site can be adequately served by all required utilities
and public services; the site is adequately served by all required utilities and public
services. Further, none of the exceptions to the categorical exemptions apply. More
specifically, there is no reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances. The project is conditioned to ensure
geotechnical control, hydrology control, and erosion control. A Notice of Exemption would
be filed with the County Recorder’s Office within 5 days should the project receive final
approval; and,
WHEREAS, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
WHEREAS, the DRC conducted a duly-noticed public meeting on July 27,
2023, to consider public testimony on the proposed project and considered 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, the DRC public meeting was duly noticed by direct mailing to
property owners within 1,000 feet of the subject property; and
WHEREAS, on August 8, 2023, the City received an appeal of the DRC
approval made on July 27, 2023. The appeal was received from Doug Main, President of
the Pacifica San Juan Community Association; and,
WHEREAS, the August 8, 2023, appeal made the following assertions
(quoted directly from the appeal):
During the recent approval process, members of the Design Review
Committee inquired about the specifics of the required approval with the City staff in
attendance, and were informed that the approval pertained solely to setback and height
requirements.
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However, upon careful examination of Community Development Plan CDP
81-01, particularly on pages 70 and 71 under the section titled "General Provisions," it
becomes evident that the scope of review extends beyond mere setbacks and heights.
CDP 81-01 specifies that the design review process for custom homes
involves an evaluation of architectural design concepts encompassing building types,
form and scale, materials, colors, textures, outdoor lighting, architectural detail, and
graphics. Specifically for our community, Pacifica San Juan, it explicitly states that the
City's design review committee should review and approve the materials based on a
finding of substantial compliance with the architectural guidelines.
In light of this, we believe that a critical aspect of the review process has
been overlooked, which may potentially result in a building that does not harmonize with
the architectural character of our community.
We maintain that a comprehensive review of the proposed building,
including all design elements and materials, is essential to ensure that it aligns with the
aesthetic and architectural standards set forth in CDP 81-01 and is congruent with the
spirit of Pacifica San Juan.
WHEREAS, on September 19, 2023, the City Council conducted a duly-
noticed appeal hearing pursuant to SJCMC Section 9-2.311 to consider public testimony
on the Appeal; and,
WHEREAS, this public hearing was duly noticed in a local newspaper and
mailed to property owners within 1,000 feet of the subject property; and
WHEREAS, the findings and conclusions made by the City Council in this
Resolution are based upon the oral and written evidence presented as well as the entirety
of the administrative record, which is incorporated herein by this reference. The findings
are not based solely on the information provided in this Resolution; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
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 15332; Class 32 “In-Fill Development”. The entire project is
categorically exempt from further review under Section 15332, In-Fill Development (Class
32). The entire project is exempt per Section 15332 because the project meets the
following required conditions for Class 32: (1) project is consistent with the applicable
general plan designation and all applicable general plan policies as well as with applicable
zoning designation and regulations; the project is consistent with the General Plan
designation of medium low density residential as it proposes grading for construction of
a single-family residential structure and related accessory structures and consistence with
the development requirements in Title 9 of the Municipal Code and the Planned
Community (PC) and Comprehensive Development Plan 81-01; (2) The proposed
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development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses; the project is located in the City of San Juan
Capistrano on a site that is less than five acres (1.4 acres) and is substantially surrounded
by urban uses, including the I-5 Freeway, other single-family residential homes, and a
community park; (3) The project site has no value, as habitat for endangered, rare or
threatened species; the site is substantially surrounded by developed lots with single-
family homes, a community park, and the I-5 Freeway, it has previously been improved
with drainage facilities which will be maintained after development and has no value as
habitat for endangered, rare or threatened species; (4) Approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; the
project proposes grading for construction of a single-family residence and related
accessory structures, including an attached garage, and is conditioned to ensure that
there will not be negative impacts to hydrology and water quality as required by local and
state laws and therefore will not result in any significant effects relating to traffic, noise,
air quality, or water quality; (5) The site can be adequately served by all required utilities
and public services; the site is adequately served by all required utilities and public
services. Further, none of the exceptions to the categorical exemptions apply. More
specifically, there is no reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances. The project is conditioned to ensure
geotechnical control, hydrology control, and erosion control.
NOW THEREFORE BE IT RESOLVED, the City Council makes the
following findings and determinations as to the Appellant’s assertions in the
August 8, 2023, appeal:
1. The General Provisions section of CDP 81-01 referenced in the appeal
has three subsections.
2. Subsection 1, titled Residential Development Procedures, is the section
specifically identified and quoted within the appeal as generally on
pages 70 and 71.
3. The proposed development of APNs 675-081-11 and 675-081-25 is
required to be reviewed and approved pursuant to the Residential
Development Procedures and shall be reviewed and approved pursuant
to Title 9, Chapter 2, Article 3, Entitled Development Review Procedures
of the Land Use Code, and review of the project resulted in only one
entitlement review listed within Title 9, Chapter 2, Article 3 being
required for the development of a single family residence on the
property, resulting in GPM 19-023.
4. The development proposed under B23-0700 does not involve a tract
map, therefore, the submittal and City review of mass/preliminary
grading plans for compliance with the Landform Control District
regulations (Pacifica San Juan only), or submittal and City review of
Area Plans for compliance with the remaining sections of the Residential
Development Procedures do not apply to the proposed project.
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5. The development proposed under B23-0700 meets the standards for the
Hillside Estate Residential District of the Forester Canyon Planned
Community, CDP 81-01.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the oral
and written evidence presented as well as the entirety of the administrative record for the
Project, the City Council hereby denies the Appeal and affirms the Design Review
Committee’s ministerial approval of Building Permit B 23-0700 made on July 26, 2027.
The City Council’s decision is final. Judicial review of this decision may be sought by
following the procedure outlined in Code of Civil Procedure Section 1094.5 and within the
time limits provided in Code of Civil Procedure Section 1094.6, except that where a
shorter time is provided by any state or federal law, such shorter time limit shall apply.
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.
NOTICE OF EXEMPTION: The City Council herby directs Staff to prepare,
execute, and file a Notice of Exemption within five working days after the City Council
approves this Resolution.
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
EFFECTIVE DATE AND EXECUTION: This Resolution shall become
effective upon its adoption. The Mayor shall sign this Resolution and the City Clerk shall
attest to the adoption thereof.
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 ADOPTED this 19th day of September 2023.
_____________________________________
HOWARD HART, MAYOR
ATTEST:
______________________________
MARIA MORRIS, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 23-09-19-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
19th day of September 2023, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Campbell
____________________________
MARIA MORRIS, CITY CLERK