Resolution Number 14-08-19-03 RESOLUTION NO. 14-08-19-03
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION ADDENDUM, APPROVAL OF A MODIFICATION TO
TENTATIVE TRACT MAP (TTM) 16146 AND APPROVAL OF A
MODIFICATION TO ARCHITECTURAL CONTROL(AC) 13-028, OLIVA FOR
AN APPROVED 31 SINGLE-FAMILY DETACHED, RESIDENTIAL HOME
SUBDIVISION ON 17.07 ACRES THAT COMPRISE TENTATIVE TRACT
MAP (TTM) 16146 LOCATED AT 32281 DEL OBISPO STREET;
APPROXIMATELY 160 FEET NORTH OF VIA VERMEULEN (ASSESSOR
PARCEL NUMBERS: 121-181-12 & 121-181-13) (OLIVA)
Whereas, Douglas Woodward of the New Home Company, 85 Enterprise, Suite
450, Aliso Viejo, CA 92656, has requested approval of a modification to Tentative Tract
Map 16146 and modification to Architectural Control(AC) 13-028 to allow the development
of an approved 31 single-family detached, residential home subdivision on 17.07 acres that
comprise Tentative Tract Map (TTM) 16146, Oliva located at 32281 Del Obispo Street,
which is General Plan-designated 2.1 Low Density Residential-maximum 2.0 dwelling units
per acre and classified as Hillside Residential (HR) on the Official Zoning Map (the
"Modified Project"); and,
Whereas, on December 20, 2005, the City Council adopted Resolution No. 05-12-
20-02 which approved Tentative Tract Map(TTM) 16146, Belladonna Estates(the"Original
Project") and adopted a Mitigated Negative Declaration, subject a Mitigation Monitoring
Program (MMP), for the Original Project; and,
Whereas, the Original Project was subsequently modified by City Council
resolutions in 2007, 2008, and 2009 and Planning Commission Resolution No. 14-02-11-
01 in 2014; and,
Whereas, on February 11, 2014, the Planning Commission adopted Resolution No.
14-02-11-01 which conditionally approved AC 13-028; and,
Whereas, the proposed Modified Project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the proposed Modified
Project pursuant to Section 15061 of the California Environmental Quality Act(CEQA)and
has prepared a Mitigated Negative Declaration (MND) Addendum to the previously City
Council-adopted Mitigated Negative Declaration (MND) for the Original Project; and,
Whereas, pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), the City Council has considered the Environmental Administrators determination;
and,
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Whereas, the Planning Commission conducted a duly-noticed public hearing on July
8, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and to
consider public testimony on the proposed Modified Project and, after considering all
relevant public comments and careful study, the Planning Commission recommended to
the City Council adoption of the Mitigated Negative Declaration (MND) Addendum and
approval of the modifications to Tentative Tract Map (TTM) 16146 and Architectural
Control (AC) 13-028, subject to additional conditions of approval set forth in Exhibit "A,"
attached hereto and incorporated herein, and subject to the deletion of previously-imposed
Conditions of Approval No's. 54, 60, 69 g, and 69 h of City Resolution No. 05-12-20-02,
and Conditions of Approval No's. 7 and 8 of City Resolution No. 07-04-17-03; and,
Whereas, the City Council conducted a duly-noticed public hearing on August 19,
2014, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and to
consider public testimony on the proposed Modified Project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT RESOLVED, as follows:
SECTION 1. The above recitations are true and correct and adopted as the
findings of the City Council.
SECTION 2. With regard to the Addendum to the Mitigated Negative
Declaration (MND) for Tentative Tract Map (TTM) 16146 (the "Addendum"), the City
Council does hereby make the following findings as established by the California
Environmental Quality Act (CEQA):
1. Substantial evidence supports the conclusion that this Addendum is appropriate.
The proposed modifications would not prompt the need for a subsequent mitigated
negative declaration pursuant to Section 15162 which mandates the preparation of
the same, when:
a) Substantial changes are proposed in the project which will require major
revisions of the previous MND due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
b) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous MND
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
or
c) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous MND was adopted, shows any of the following:
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L The project will have one or more significant effects not discussed in the
previous MND;
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ii. Significant effects previously examined will be substantially more severe
than shown in the previous MND;
iii. Mitigation measures or alternative previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous MND would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
2. The Modified Project's overall development is essentially equivalent to what was
evaluated in the adopted MND for the Original Project.The proposed modifications
would entail adjustments to access points, grading, and elevations. These
modifications would not entail substantial changes to the Original Project.
3. The proposed modifications would not require major revisions to the previous MND
due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects.
4. There have not been substantial changes with respect to the circumstances under
which the Original Project was undertaken which require major revisions of the
previous MND due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects.
5. There is no new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time the
previous MND was adopted.
6. The Modified Project as proposed with recommended additional Conditions of
Approval set forth in Exhibit"A," attached hereto and incorporated herein and with
the deletion of previously-imposed Conditions of Approval No's. 54, 60, 69 g, and
69 h of City Resolution No. 05-12-20-02, and Conditions of Approval No's. 7 and 8
of City Resolution No. 07-04-17-03 is consistent with the December 20, 2005 City
Council adopted Mitigated Negative Declaration (MND) for the Original Project,
approved by City Council Resolution No. 05-12-20-02 and subsequently modified
and clarified by City Council Resolutions adopted in 2007,2008,2009 and Planning
Commission Resolution No. 14-02-11-01.
7. The record of proceedings on which the City Council 's decision is based is located
at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto,
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San Juan Capistrano, California and the custodian of record of proceedings is the
Development Services Department Administrative Coordinator.
SECTION 3. The City Council hereby adopts the Addendum to the Mitigated
Negative Declaration (MND) for Tentative Tract Map (TTM) 16146. The Development
Services Director or his designee is hereby authorized and directed to file a Notice of
Determination within five working days of adoption of this Resolution as required by CEQA
Guidelines Section 15075.
SECTION 4. With regard to the modification to Tentative Tract Map (TTM)
16146,the City Council does hereby make the following findings as established by Section
9-4.223 of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed modified map is consistent with the General Plan and any applicable
specific plan or comprehensive development plan. The map is consistent with the
General Plan because the proposed modification does not propose alterations to
the existing land use designation for the site and furthermore is conditioned per City
Council Resolution 05-12-20-02 to ensure that the Modified Project's density, lot
sizes, configuration and other improvements would conform to City policies and
development standards;
2. The design or improvement of the proposed modified subdivision is consistent with
the General Plan and any applicable specific plan or comprehensive development
plan. The proposed design is consistent with the General Plan because the
proposed modification is compatible with the surrounding properties and the
topography of the site, and would be adequately served by streets and other
required onsite infrastructure;
3. The site is physically suitable for the type of development. The site is physically
suitable for the proposed development because the modification is consistent with
the existing land use designation for the site and furthermore is conditioned per City
Council Resolution 05-12-20-02 to ensure that the project's density, lot sizes,
configuration and other improvements would conform to City policies and
development standards;
4. The site is physically suitable for the proposed density of development. The site is
physically suitable for the proposed density of development because the proposed
modification does not propose alterations to the City Council approved TTM 16146
which allowed for the development of home sites suitable to accommodate the
proposed residential structures;
5. The design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.The design of the subdivision orthe proposed improvements
is not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat because the proposed modifications
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will be constructed per the proposed conditions of approval and per the conditions
of approval associated with the 2005 approval of TTM 16146;
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. The design of the subdivision or the type of
improvements will not conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision because the
proposed modification is consistent with existing access easements at "A" Street
and Del Obispo Street.
SECTION 5. With regard to the modification to Architectural Control(AC) 13-
028,the City Council does hereby make the following findings as established by Section 9-
2.313 of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed use and design of the Modified Project complies with all applicable
provisions of Title 9 of the San Juan Capistrano Municipal Code because the
proposed modification complies with the previously approved site and architectural
plans that are designed consistent with the City's adopted Architectural Design
Guidelines and the proposed development is in compliance with applicable
development standards;
2. The proposed use and design of the Modified Project is consistent with the goals,
policies and objectives of the General Plan, including the Community Design
Element, because the proposed modification is substantially consistent with the
development standards of the Low Density Residential and Hillside Residential(HR)
zoning districts, and the applicable provisions of the City's Architectural Design
Guidelines;
3. The site of the proposed modification is adequate in size and shape to
accommodate all yards, open spaces, setbacks, parking, access,and other features
pertaining to the application, as established in the Low Density Residential and
Hillside Residential (HR) zoning districts;
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the
proposed modification has been designed to incorporate architecture which relies
on the use of varied roof lines, varied building massing, varied setbacks, side entry
garages, courtyards, loggias,trellises,varied color palettes and materials consistent
with the eclectic style encouraged for single family residential neighborhoods;
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the proposed modification features a private drive with
interior sidewalks which connect to the proposed sidewalk on Del Obispo Street;
j which allows for safe traffic access and flow consistent with Public Facility
Standards maintained by the Public Works & Utilities Department;
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6. The proposed use and design of the project are compatible with surrounding and
proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development characteristics
because the proposed modification includes designs that rely on the use of varied
roof lines, varied building massing, and the color boards are consistent with the
Architectural Design Guidelines and compatible with the adjacent residential uses.
SECTION 6. The City Council hereby approves of the proposed Modified
Project subject to the additional conditions of approval set forth in Exhibit "A," attached
hereto and incorporated herein, and subject to the deletion of previously-imposed
Conditions of Approval No's. 54, 60, 69 g, and 69 h of City Resolution No. 05-12-20-02,
and Conditions of Approval No's. 7 and 8 of City Resolution No. 07-04-17-03 which will no
longer be necessary if the Project is modified as proposed.
SECTION 7. 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 19" day of August 2014.
AM ALLEVATO, MAYOR
ATTEST:
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MA I MOR IS, Y LERK
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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. 14-08-19-03 was duly adopted by the City Council
of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th day of
August 2014, by the following vote:
AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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MAA"ORRI8, 01y CI rk
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EXHIBIT A
CC RESOLUTION # 14-08-19-03
CONDITIONS OF APPROVAL
PROJECT LOG #: Modification to Tentative Tract Map (TTM) 16146 and
Modification to Architectural Control (AC) 13-028
PROJECT NAME: Oliva (The New Home Company, TNHC San Juan, LLC)
APPROVAL DATE:August 19, 2014
These conditions of approval apply to the above-referenced project application described
in more detail below. For the purpose of these conditions, the term "applicant" shall also
mean the developer,the owner or any successor(s) in interest to the terms of this approval.
GENERAL CONDITIONS:
A. The subject project proposes to modify the previously approved Tentative
Tract Map (TTM) 16146 and Architectural Control (AC) 13-028 for the
development of a 31 single-family detached residential home subdivision on
17.07 acres that comprise Tentative Tract Map(TTM) 16146. The residential
subdivision features 10,000 square foot minimum lot sizes. TTM 16146 was
approved by the City Council on December 20, 2005 by Resolution 05-12-20-
02 and subsequently modified and clarified by resolutions adopted in 2007,
2009; and Planning Commission Resolution#14-02-11-01.The Architectural
Control application includes the model and production home architecture,
slope landscaping plans, wall and fence details, a subdivision plot plan
(depicting the location of residences and accessory structures on individual
lots)and a preliminary grading plan.The project includes private streets with
sidewalks which will connect to a proposed sidewalk along Del Obispo
Street. The project includes landscaping along Del Obispo Street and within
the development; including fencing and an enhanced paved entry. The
project is located at 32281 Del Obispo Street; approximately 160 feet north
of Via Vermeulen (Assessor Parcel Number(s): 121-181-12 & 121-181-13).
This project approval is based on and subject to the application materials
prepared by Hunsaker and Associates and Robert Hidey Architects dated
and revised to July 2, 2014 including site plan(s), building elevation(s), floor
plan(s), preliminary landscape plan(s), preliminary grading plan(s), wall and
fence plan and a subdivision plot plan. These plans and the proposed use of
the project site are hereby incorporated by reference into this approval as
submitted and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected city departments. Minor modifications
U to this project approval may be approved by the Development Services
Director pursuant to Section 9-2.303, Administrative approvals of Title 9,
Land Use Code.
Modification to Tentative Tract Map (TTM) 16946 Conditions of Approval
Modification to Architectural Control(AC) 13-028. Oliva Page 2 of 2
B. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
C. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, stamped and signed, if required,
only by those individuals legally authorized to do so.
D. Legal Defense. The applicant/subdivider, its agents, and assignees shall
defend, indemnify and hold harmless the City of San Juan Capistrano, its
elected and appointed officials and employees, and its contract consultants,
from any claim, action or proceeding to attack, set aside, void, or annul any
land use approval associated with this project, including but not limited to
environmental impact report requirements under CEQA, rezoning approvals,
subdivision map approvals, or other applicable City Municipal Code Title 9
land use approvals. Upon notice provided by City to the applicant/subdivider,
its agents, or assignees, of service of process of such claims or actions, the
project proponent, its agents, and assignees, shall immediately act to provide
an appropriate defense to such claims or actions. The applicant/subdivider
shall consult with the City Attorney regarding appropriate defense counsel in
the event of the filing of such claims or actions. (DSD)
E. Mitigation Monitoring Program. This project shall comply with the applicable
mitigation measures previously adopted by City Council in conjunction with
the approval of the California Environmental Quality Act (CEQA)
determination prepared for Tentative Tract Map (TTM) 16146, Belladonna
Estates. (DSD)
F. Compliance with Prior Project Approvals. The project shall comply with all
applicable conditions of approval established by City Council Resolutions 05-
12-20-02, 07-04-17-03, 08-09-16-05, and 09-03-17-07; and Planning
Commission Resolution #14-02-11-01.
G. Modification to Conditions. The modification to TTM 16146 and AC13-028
deletes previously-imposed Conditions of Approval No's. 54, 60, 69 g, and
69 h of City Resolution No. 05-12-20-02, and Conditions of Approval No's. 7
and 8 of City Resolution No. 07-04-17-03.
Applicant Acceptance of Conditions of Approval:
Doug Woodward, The New Home Company Date: