Loading...
PC Resolution-10-09-14-01PC RESOLUTION NO. 10-9-14-1 GENERAL PLAN AMENDMENT (GPA) 10-001, REZONE (RZ) 10-001, ARCHITECTURAL CONTROL (AC) 10-002, GRADING PLAN MODIFICATION (GPM) 10-001, TREE REMOVAL PERMIT (TRP) 10-003, FLOODPLAIN LAND USE PERMIT (FP) 10-001, TENTATIVE PARCEL MAP (TPM) 10-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF A 124 -ROOM HOTEL, APPROXIMATELY 14,500 SQUARE FEET OF COMMERCIAL LAND USE INCLUDING 6,509 SQUARE FEET OF RETAIL COMMERCIAL FLOOR AREA, 5,747 SQUARE FEET OF RESTAURANT USE, AND 1,971 SQUARE FEET OF OFFICE USE ON AN EXISTING 3.18 ACRE PROPERTY LOCATED AT 26871 & 26891 ORTEGA HIGHWAY AND GENERALLY LOCATED AT THE NORTHEAST CORNER OF ORTEGA HIGHWAY AND EL CAMINO REAL (ASSESSORS PARCEL NUMBERS: 124 -170 -12,14,15&16)(PLAZA BANDERAS HOTEL) Whereas, Stroscher G3, Gretchen Stroscher Thomson has requested approval of a planning applications for a mixed-use development on the 3.18 acres located at 26871 & 26891 Ortega Highway and generally located at the northeast corner of Ortega Highway and EI Camino Real and comprising of a 74,973 square foot, 124 -room hotel, approximately 14,500 square feet of commercial land uses including 6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private office;and, Whereas, the General Plan Land Use Element designates the property as 3.1 General Commercial (GC) and is amended to Planned Community (PC) in order to increase development rights to accommodate a Mixed Use Retail/Hotel project and to establish a Comprehensive Development Plan (CDP); and, Whereas, the Zoning District designates the property as General Commercial (GC) and is amended to Planned Community (PC) in order to increase development rights to accommodate a Mixed Use Retail/Hotel project and to establish a Comprehensive Development Plan (CDP); and, Whereas, on April 20, 2010, the City Council adopted Resolution 10-04-20-03 initiating the General Plan Amendment (GPA) study process with respect to the Plaza Banderas Hotel project to study the proposed General Plan Amendments to the Land Use Element's land use designation; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines; is reviewing all comments and will prepare responses to comments pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures will be included in a Mitigation PC Resolution 10-9-14-1 Plaza Banderas Hotel 2 September 14, 2010 Monitoring Reporting Program (MMRP) which shall be subject to final approval of by the City Council; and, Whereas, the Planning Commission conducted a work session on March 23, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and project team and to consider public testimony on the proposed project; and, Whereas, the Design Review Committee held a worksession on April 10, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and the project team; and, Whereas, the Planning Commission conducted a work session on August 10, 2010 to review the project details and Draft EIR and provided comments and design recommendations to the applicant and project team and requested further review by the City's DRC and to consider public testimony on the proposed project; and, Whereas, the Transportation Commission conducted a public meeting on August 11, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and Draft EIR and to consider public testimony on the proposed project; and, Whereas, the Design Review Committee held a work session on August 19, 2010 to review the project details and provided comments and design recommendations; and, Whereas, the Cultural Heritage Commission held a public meeting on August 24, 2010 to review the project details and provided comments and design recommendations; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on August 24, 2010 and September 14, 2010 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and 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 with respect to the General Plan Amendment (GPA) for the proposed projed: 1. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Land Use Element because the proposed amendments to the land use designations would furtherthe achievement of and be consistent with the following General Plan goals and policies: Consistent with Land Use Goal 1 as follows, the proposed project would develop more diverse commercial and residential land uses that would contribute to a more balanced land use pattern and generate sufficient revenuesto support needed public services Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. PC Resolution 10-9-14-1 Plaza Banderas Hotel 3 September 14, 2010 Consistent with Policy 1.1 as follows, the project would allow the development of commercial uses, restaurants, hotel, and commercial office use that would provide a balance or surplus of public revenues to support necessary public services. Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. Policy 1.2: Encourage commercial, tourist -oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. Consistent with Land Use Goal 2 as follows, the proposed project would direct proposed development within the downtown to maintain the village—like character. Land Use Goal 2: Control and direct future growth within the City to preserve the rural village -like character of the community. Consistent with Policy 2.2 as follows, the proposed project would be designed in a manner that is consistent and compatible with the existing character of the City through providing elevations and mass distribution on the proposed site, limiting the height of the commercial/retail buildings and providing architectural that is balanced with existing downtown architecture. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. Consistent with Policy 2.3 as follows, the proposed project would be required to construct certain infrastructure for water, recycled water, storm drainage, and sanitary sewer. Policy 2.3: Ensure that development corresponds to the provision of public facilities and services. Consistent with Land Use Goal 5 as follows, the proposed project would provide commercial development which serves community needs and is located in the existing central business district. Policy 5.1: Encourage the location and retention of businesses within the downtown Mission District. 2. The proposed project will be consistent with the goals, policies, and recommendations of the Circulation Element because the Draft Environmental Impact Report (EIR) traffic analysis specifically evaluated the proposed project which is considered an infill -project with existing street access to Ortega Highway, EI Camino Real and Spring Street. The project does not propose to alter or modify the existing street system in order to construct the proposed improvements. The project entry access driveway at Ortega Highway is not anticipated to significantly impact the Ortega Highway/Interstate 5 off ramps. The Draft Environmental Impact Report (EIR) traffic analysis states that`Based on the ICU Method of Analysis and LOS criteria defined Section 4.2.2 (Significance Criteria), all of the signalized intersections currently operate at an acceptable LOS during both a. m. and p. m. peak hours of a "typical' PC Resolution 10-9-14-1 Plaza Banderas Hotel 4 September 14, 2010 weekday. Although two intersections currently operate at LOS E (i.e., 1-5 NB Ramps/Ortega Highway and 1-5 SB Ramps/Ortega Highway), this intersection is designated as a "Traffic Operation Hot Spot" intersection in the Circulation Element of the San Juan Capistrano General Plan. The acceptable level of service for "Hot Spot" intersections is LOS E; all other intersections must operate at LOS D or better". 3. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Cultural Resources Element because it establishes Policy 1. 1, which provides that the City will "Balance the benefits of development with the project's potential impacts to existing cultural resources". The most significant land use in the vicinity of the site is Mission San Juan Capistrano, which is located west of EI Camino Real. The Mission is listed in the National Register of Historic Places (NRNP) and on the California Register of Historical Resources. The City of San Juan Capistrano also recognizes the historic importance of Mission San Juan Capistrano and lists it as its first landmark on the City's Inventory of Historic and Cultural Landmarks (IHCL). Mission San Juan Capistrano represents not only an important cultural resource within the City but also is one of the most visually and aesthetically important and prominent features in San Juan Capistrano. In addition, the City lists Spring Street (from EI Camino Real to its easterly terminus at the 1-5 Freeway) and EI Camino Real on its IHCL; they are designated as "City Historic Streets." A single-family residence is located at the southeastern corner of EI Camino Real and Spring Street (Stroschein House). This residence, which was constructed in 1927, is listed on the IHCL and was also listed in the NRHP in 2009. Furthermore, the proposed project is designed to provide appropriate setbacks from the above mentioned historic and cultural resources to limit the potential for significant impacts. The hotel building is strategically designed on the site plan to avoid view impacts to the Mission from adjacent view sheds. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Rezone (RZ) application for the proposed project: The proposed zone change is consistent with the General Plan Land Use Policy Mapand applicable goals and policies because the project consists of an amendment to the Official Zoning Map to establish a "PC" (Planned Community) Zone District. Should the City determine that the project development plans are substantially consistent with goals and policies of the General Plan, especially the Land Use Element and Cultural Resources Element, the proposed Comprehensive Development Plan would implement those goals and policies. As previously noted, to the extent the project is designed to complement the existing development standards and land uses in the downtown area, and incorporates architecture that is complimentary and sensitive to the adjacent cultural resources, the project furthers a number of fundamental goals and policies of the General Plan Land Use Element. 2. The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix because the proposed amendment to the Official Zoning Map is consistent with the Title 9, Land Use Code provisions established by Article 1 and Table 2-1. The singular proposed map change is to the 3.18 acre site, while the Comprehensive Development Plan would create development standards for the entire proposed project area. In terms of the amendment to the Official Zoning Map, the change from "GC" (General Commercial) to "PC" (Planned Community) PC Resolution 10-9-14-1 Plaza Banderas Hotel 5 September 14, 2010 results in development standards that is specific to the project site and that need to reflect compatibility with the downtown Mission District. However, the detailed planning and land use provisions of the Plaza Banderas Hotel CDP need to implement the City's requirements and policies. Staff have reviewed the Draft CDP and determined that with staff - recommended revisions, the CDP would be consistent with the applicable provisions of the Title 9, Land Use Code. 3. The proposed zone change is suitable for the land uses permitted within the proposed zone district because the Comprehensive Development Plan amendments will allow the City to specifically regulate land use and development standards so as to implement the City - approve development plans for the project site in a manner consistent with the goals and policies of the General Plan, 4. The uses allowed by the proposed zone change will be compatible with existing and planned uses on surrounding properties and the community in general because the uses that are proposed within the Comprehensive Development Plan are similar to the uses that previously existed on the site and more specifically are complimentary to the uses that are permitted within the General Commercial (GC) and Tourist Commercial (TC) Zone Districts. 5. The proposed zone change is reasonable and beneficial at this time because a Development Agreement is anticipated to be submitted which will establish various provisions to guarantee the performance of the applicant/developer in fulfilling obligations. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to Tentative Parcel Maps for the proposed project: The proposed Tentative Tract Maps are consistent with the General Plan and comprehensive development plan because the proposed amendments to the General Plan are consistent with specific goals and policies of the General Plan and because the Draft Comprehensive Development Plan for the Plaza Banderas project has been designed consistent with the General Plan. Also, the proposed development plans are consistent with the General Plan and with the Comprehensive Development Plan the proposed project and would further several important goals and policies of the General Plan Land Use Element and Cultural Resources Element. 2. The design or improvement of the proposed subdivision maps is consistent with the General Plan and comprehensive development plan because the proposed development plans have been designed consistent with the proposed amendments to the General Plan and the draft Comprehensive Development Plan, the proposed subdivision design will be consistent with those policy and regulatory documents 3. The site is physically suitable for the type of proposed development because the proposed project includes a rezone of the subject property from GC (General Commercial) District to PC (Planned Community) in order to accommodate the proposed project and more specifically, to allow a three-story hotel with a maximum height of approximately 43 feet 6 inches and to allow the hotel, retail/office, and restaurant project to be developed with a floor area ratio (FAR) of 0.66, because the property was previously developed and used for lodging uses, because the property is situated with the Historic Town Center of the City and the General Plan recommends the development of a hotel within the planning area, because PC Resolution 10-9-14-1 Plaza Banderas Hotel 6 September 14, 2010 the project site directly fronts a major arterial street (State Route -74 Ortega Highway), and because the project site is situated with convenient access to Interstate5; and, A Comprehensive Development Plan (CDP) has been prepared for the proposed project in accordance with the Planned Community District regulations outlined in Section 9-3.315 of the San Juan Capistrano Municipal Code. The purpose and intent of the CDP is to provide for a diversity of uses, site-specific development standards and building relationships to achieve a coordinated and well-planned development project that complies with thegoals and objectives of the General Plan. In addition, the CDP prescribes proper land use regulations, identifies permitted and conditionally permitted uses to ensure that they are regulated in a mannerthat will result in a high quality planned communitythat is compatible with and complements the existing historic uses in the historic downtown area. The development standards established in the CDP are intended to address the unique characteristics of the project site as well as consistency and compatibility with existing land uses. 4. The site is physically suitable for the proposed density of development which proposes a floor area ratio (FAR) of 0.66 because the proposed Comprehensive Development Plan would establish requirements for building forms and architecture, open areas, setbacks and parking consistent with the goals and policies of the General Plan Land Use Element and Community Design Element and the City's Architectural Design Guidelines to assure that the proposed project is developed so as to be compatible with the character of development in the Historic Town Center planning area 5. The design of the subdivisions and their proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Draft Environmental Impact Report (EIR) includes an assessment of the project's potentially significant biological resource impacts and concludes the project's impacts to such resources would be sufficiently mitigated through the City standard conditions. 6. The design of the subdivisions 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 design of the proposed subdivision would not conflict with any public easements. The project does propose necessary public street right-of-way dedication where applicable to accommodate necessary street improvements consistent with the General Plan Circulation Element, NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Architectural Control (AC) for the proposed project: The proposed use and design of the project will comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and Comprehensive Development Plan because the Comprehensive Development Plan has been prepared consistent with the proposed development plans forthe project including the site and architectural plans ,and should the City Council ultimately determine that the proposed land useand development standards proposed within the Draft CDP are appropriate and acceptable, the proposed use and design of the project will be consistent with those use and development standards PC Resolution 10-9-14-1 Plaza Banderas Hotel 7 September 14, 2010 2. The proposed use and design of the project will be consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the goals and policies of the General Plan Community Design Element are substantially implemented through the City's adopted Architectural Design Guidelines and the conditions of approval provide for further Design Review Committee and Planning Commission review of the project preliminary design plans and final construction plans to assure for consistency with these guidelines. Furthermore, the draft CDP contains "Design Standards" that are intended to provide further guidance to ensure that high quality architectural design is integrated into the proposed development plans. Finally, the project will be consistent with the policies and objectives of the Community Design Element to the extent the project is consistent with the following policies under the Community Design Goal 1: Policy 1.2: "Encourage high-quality and human scale design in development to maintain the character of the City; "and, Policy 2.1: "Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping" 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 because the 3.18 -acre "Plaza Banderas Hotel" site has been designed to accommodate the proposed project building elements. Development standards established in the Draft Comprehensive Development Plan, will address building setbacks, building heights, open areas, massing, landscaping, parking and site access. 4. The character, scale and quality of the architecture, site design and landscaping will be consistent with the adopted Architectural Design Guidelines of the City because the project's architectural design will be substantially consistent with the City's Architectural Design Guidelines and relies on the use of varied roof lines, varied building massing, courtyards, colonnades, varied color palettes and materials and an acute understanding of the design elements of Spanish Colonial Revival style architecture subject to further review of the proposed preliminary design plans by the Design Review Committee and Planning Commission as provided by the conditions of approval. The site plan and building architecture will essentially create a development plan that effectively manages the mass and bulk of proposed buildings. The proposed restaurant building is located along EI Camino Real and provides a varied building mass with an arched colonnade that is located adjacent to a pedestrian plaza that provides access to the retail/office building with varied roof heights and architectural design details. The project design provides varied setbacks with second story building masses setback to reduce the visual mass. Balconies, dormers, eaves and similar architectural features have been incorporated to create visual interest and while the project design is intended to convey a sense of "richness of detail", the preliminary design plans and the design details will be subject to further review and approval by the Design Review Committee and Planning Commission should City Council approve the project. The building elevation designs and the proposes materials and colors indicate that the proposed project will use earthtone colors and suitable building materials consistent with the architectural design. The proposed buildings will include integrated tower elements and architectural projections that add visual interest to the building rooflines and roof -mounted equipment will be screened at least partially from offsite views. PC Resolution 10-9-14-1 Plaza Banderas Hotel 8 September 14, 2010 The project includes conceptual landscape plans with a reference to the "Nifty Fifty" landscape palette that incorporates a California native plant selection and relies on a combination of formal and natural plant groupings to accent entrances, visually buffer building massing and retaining walls, screen parking, and enhance courtyards and public spaces. Additional follow-up review will be required by the Design Review Committee to assure that the preliminary landscape design plans are substantially consistent with City - approved landscape concept. Furthermore, the project will be consistent with the adopted Architectural Design Guidelines because the following design principles will be met by the proposed project subject to further Design Review Committee and Planning Commission review and approval: Design Issue/ Principal 1: Human Scale. The proposed project has a well-balanced pedestrian orientation and human scale. The project provides architectural features such as balconies, arches, window awnings and varied roof planes that provide for architectural articulation that break-up the building mass. The pedestrian circulation experience is enhanced with the plaza area that is located at the southwest corner of the site, enhanced paving throughout the pedestrian corridors of the site and landscaping along the interior paseo and perimeter of the project. Design Issue/ Principle 2: Eclectic Building Styles. The applicant proposes a Spanish Colonial Revival style theme, which incorporates architectural elements that will allow the proposed development to architecturally exist amongst the adjacent buildings that are located within the downtown area. Design Issue/ Principal 5: Heritage and Tradition. The proposed design of the buildings is reflected in the history and tradition of San Juan Capistrano. The buildings contain arched and overhead balconies with heavy timber support columns that are reminiscent of the "western -type" architecture. The proposed landscaping design provides a tree palette found locally and in the vicinity of the Mission. The applicant has not submitted a Historical Depiction Program (HDP) at this time. As part of Planning Commission's review, staff will condition the project to provide a HDP per City Council Policy 606. Design Issue/Principle 6: Richness of Details and Materials. The applicant proposes to incorporate earth -tone colors to enhance the architectural details of the project. The stucco finish and other details associated with the architecture will be required as a condition of approval. The applicant also proposes to install landscaping along the perimeter of all buildings, and along the interior paseo between the hotel and the retail buildings, and integrated with enhanced paving which will enhance the overall pedestrian experience which is consistent with the Architectural Design Guidelines, which state that, "Unarticulated and solid wall surfaces degrade the quality of the pedestrian experience. Buildings facing pedestrian streets and plazas should incorporate design features that provide visual interest at the street and plaza levels. " The outdoor plaza will provide visual interest with a fountain and mature trees; and will complement the existing pedestrian experience. Design Issue/ Principle 8: Linkages and Connections. The proposed pedestrian circulation design allows for hotel users to access the retail and restaurant building via a paseo and with a connection to the plaza area, which will provide a place for sitting, congregating and waiting. The plaza will include a fountain, enhanced paving, landscaping and seating and PC Resolution 10-9-14-1 Plaza Banderas Hotel 9 September 14, 2010 will provide an inviting outdoor social experience for visitors and pedestrians that travel to and from the downtown area. 5. The site plan will provide functional and safe vehicular, bicycle and pedestrian access and circulation because the proposed site development concept provides a continuous access drive through the parking lot with entrances from Ortega Highway, Spring Street, and EI Camino Real with a total of four (4) access driveways. Pedestrian access to the Hotel building from the parking lot will also provided via a sidewalk at the east section of the parking lot. All surface parking will be designed to include landscaping to visually buffer views from the adjoining streets. Pedestrian linkages through the plaza into the project site are proposed to include landscape area. 6. The proposed use and design of the project will be 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 proposed project design relies on the use of varied roof lines, varied building massing, courtyards, colonnades, varied color palettes and materials consistent with the design elements of Spanish Colonial Revival style architecture and will be architecturally compatible with similarly designed buildings within the downtown area subject to further review of the preliminary design plans by the Design Review Committee (DRC) and Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Grading Plan Modification (GPM) forthe proposed project: The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the site is relatively flat along the east portion, adjacent to Horno Creek, but has a higher elevation at the west portion of the site. The grading plan reveals that approximately 20,000 cubic yards of earth will be imported in order to raise the site above the 100 -year flood plain of Horno Creek, resulting in an elevatedsite with approximately 2 feet to 8 feet with an average of 4 feet of imported soil. The grading concept proposes to drain the project to the east. The Draft EI R aesthetic section includes view simulations that provide an assessment of the visual impacts. Building massing, placement and design along with proposed landscaping should substantial mitigate the effect of earth importation. 2. The proposed project seeks to establish a new grading design concept forthe site which has historically been a flat site without a prior approved grading project. 3. The proposed grading will remain consistent and compatible with immediately -adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading concept includes a limited amount of cut and approximately 20,000 cubic yards of imported earth. The site will be graded to match the existing grade elevations at the four proposed entry driveways located at Ortega Highway, EI Camino Real and Spring Street. The use of retaining walls is not proposed along the street elevations and elevations are designed to be consistent and compatible with the PC Resolution 10-9-14-1 Plaza Banderas Hotel 10 September 14, 2010 immediately -adjacent lots and streets. Consequently, the visual impact of the proposed project would be limited and localized and the proposed grading concept for the project site sufficiently harmonizes proposed grades with natural contours. 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title are consistent because the site plans for the "Plaza Banderas Hotel" site have been designed to provide sufficient setbacks and to meet the requirements of Section 9-4.313 of the Title 9, Land Use Code. 5. The proposed modified grading will 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 Draft Environmental Impact Report (EIR) evaluates potentially significant impacts of the proposed project design. As designed, the proposed preliminary grading plan would not adversely impact the hydrology, water quality, views, etc. of other properties because proposed mitigation measures sufficiently address water quality and aesthetic/view impacts. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Floodplain Land Use Permit (FP) for the proposed project: The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code because the easterly portion of the subject property is located within the limits of the Horno Creek 100 -year floodplain as delineated by FEMA. As a result, the proposed project must be designed to ensure that the proposed structures are located above the limits of the 10Gyear flood elevation. The applicant has submitted and received acceptance of the on-site Conditional Letter of Map Revision — Fill (CLOMR-Fill), which demonstrates that the lowest adjacent elevation to any proposed building is at or above the 100 -year water surface elevation in the area. The Conceptual Grading Plan reveals that the project has been design to drain to the east. The Plaza (i.e., has a water surface elevation of 118.2 feet amsl and the Hotel has a water surface elevation of 117.7 feet amsl. The lowest adjacent elevations exceed the water surface elevations. All of the proposed structures are located outside the limits of the 100 - year flood plain/inundation area. Therefore, project implementation will not result in potentially significant flooding impacts caused by flooding along Horno Creek. Once the project is constructed, an "as -built plan" will be submitted to FEMA in order to receive the final LOMR-F, which will remove the buildings from the flood plain. No mitigation measures are required. 2. Approval of the application will not result in a discernible net increase in water surface elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will not contribute to flooding of other properties not previously inundated by the 100 - year storm event because the proposed project does not propose flood elevation alterations to Horno Creek or to adjacent properties and would therefore not impact other properties not previously inundated by the 100 -year storm event. 3. Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection because as PC Resolution 10-9-14-1 Plaza Banderas Hotel 11 September 14, 2010 previously disused, project implementation will not result in potentially significant flooding impacts caused by flooding along Horno Creek. Once the project is constructed, an "as -built plan" will be submitted to FEMA in order to receive the final LOMR-F, which will remove the buildings from the flood plain. 4. The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete because as discussed in the previous sections, the use and development of the proposed project in conjunction with the proposed mitigation measures, determine that the proposed use and development of the property are consistent with all other applicable requirements of the agencies listed above. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Tree Removal Permit (TRP) for the proposed project: The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate the height, diameter of trunk or canopy, or root zone of the tree, or excessive trees exist on the site requiring thinning to maintain tree health and furthermore because according to the "Existing Tree Inventory" report prepared by Land Concern, the existing development site contains approximately 79 trees of which 28 are Citrus trees which are believed to be planted around 1920. The report and the survey exhibit indicate that the site contains Citrus, Loquat, Camphor, Mexican Fan Palms, Queen Palms, English walnut, Liquidambar, Eucalyptus and California Pepper trees. The proposed project proposes to remove all trees and vegetation in order to grade the site for compliance with the FEMA floodplain elevation requirements. The project proposes to replant with California Native/Friendly trees that are based on the "Nifty Fifty" plant andtree selection list. 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance because as indicated previously, the survey indicates that non-native trees exist on the site and will be removed and replanted with California Native/Friendly tree varieties that are in keeping with the community character of San Juan Capistrano. 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations because the removal of the trees will allow for wider and/or uninterrupted views of the hillsides to the east, west, and north when viewed from Del Obispo and Ortega Highway and the downtown area. The project proposes to replant with California Native/Friendly tree varieties that are in keeping with the community character of San Juan Capistrano. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area because as indicated previously, the project proposes to replant with California Native/Friendly tree varieties that are in keeping with the community character of San Juan Capistrano. PC Resolution 10-9-14-1 Plaza Banderas Hotel 12 September 14, 2010 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends City Council certification of the Draft Environmental Impact Report (EIR) subject to the Mitigation Monitoring Reporting Program (MMRP) as described in the Draft EIR; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval of the General Plan Amendment (GPA) amending the land use designation of the 3.18 acre project site from "3.1 General Commercial" to "PC" (Planned Community) and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval of the Rezone (RZ) amending the zoning district classification of the 3.18 -acre project site from "GC" (General Commercial) Zone District to "PC" (Planned Community), and adopting the Plaza Banderas Hotel Comprehensive Development Plan for the proposed project as provided by Exhibit "A", attached hereto and incorporated herein; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval of the Tentative Parcel Map (TPM), Architectural Control (AC), Tree Removal Permit (TRP), Floodplain Land Use Permit (FP) and Grading Plan Modification (GPM) for the proposed project subject to the conditions of approval as provided by Exhibit "B", attached hereto and incorporated herein. PASSED, APPROVED AND ADOPTED this 14th day of September, 2010, by the following vote, to wit: AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Kerr, Williams, Mocalis, Neely and Tatarian NOES: None ABSTAIN: None Sheldon Cohen, Chairman "M William A. Ramsey, AICP, Principal Planner