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.
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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'
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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)
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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
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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
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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.
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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
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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
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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
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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