PC Resolution-09-04-14-02RESOLUTION NO. 09-4-14-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONDITIONALLY APPROVING ARCHITECTURAL CONTROL (AC)
09-01, CONSISTING OF DESIGN PLANS FOR THE DEVELOPMENT OF 140
SINGLE-FAMILY DETACHED (SFD) HOMES WITHIN A 404 -ACRE PLANNED
COMMUNITY (WHISPERING HILLS ESTATESRANCHO SAN JUAN)
WHEREAS, Woodbridge Development has requested approval of an Architectural Control
(AC) application forthe model home preliminary architectural plans, site plans (subdivision lot plan),
gated entry plans, entry statement plans (La Pata Avenue and Vista Montana), fence plans, and
landscaped slope plans (interior and perimeter slopes) for the Whispering Hills Estates -Rancho San
Juan neighborhood (East Canyon); and,
WHEREAS, the City Council previously conditionally approved Vesting Tentative Tract Map
(VTTM) 16634 on July 20, 2004, a subdivision for 155 single family residential lots and open space
lots, on property zoned "PC" (Planned Community) and located to the west of La Pata Avenue and
about 7,600 feet south of Ortega Highway; and,
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental Impact Report
(FEIR) and Findings in accordance with the California Environmental Quality Act (CEQA) to address
the potentially significant environmental impacts of the Whispering Hills Estates project; and on July
20, 2004, certified an Addendum to the 2002 Final Environmental Impact Report (EIR); and all
potentially significant impacts have been fully disclosed and adequately addressed by the prior Final
Environmental Impact Report (EIR) and Addendum and,
Whereas, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project
qualifies for a Notice of Exemption (NOE), which will be posted pursuant to Section 15061(d) of the
CEQA Guidelines which provides that "the notice shall not be filed with OPR orthe county clerk until
the project has been approved;" and,
WHEREAS, on April 14, 2009, the Planning Commission held a duly -noticed public hearing
to consider the proposed project, and take public testimonyon the proposed project; and,
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission of the
City of San Juan_ Capistrano hereby makes the following findings with respect to the proposed
project:
The proposed use and design of the project comply with all applicable provisions of Title 9 of
the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive
development plan because the proposed land uses, and improvements have been designed
to comply with all applicable use provisions and developments standards established by the
Whispering Hills Estates -Rancho San Juan Comprehensive Development Plan subject to
the attached conditions of approval; and,
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element because the
project has been evaluated by the staff and City Commissions and determined to comply
PC Resolution 09-4-14-2 Whispering Hills Estates -Rancho San Juan
with all applicable policies including the Architectural Design Guidelines subject to the
attached conditions of approval; and,
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, except as otherwise
approved because the project has been designed to comply with all applicable development
standards established by the Whispering Hills Estates -Rancho San Juan Comprehensive
Development Plan; and,
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines and specifically, the provisions
for single-family detached (SFD) residential development, as determined by the Design
Review Committee and subject to the attached conditions of approval and,
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation as provided by the previously approved Tentative Tract Map (TTM) and
consistent with the adopted Architectural Design Guidelines and specifically, the provisions
for single-family detached (SFD) residential development, as determined by the Design
Review Committee and subject to the attached conditions of approvat and,
6. The proposed use and design of the project are compatible with surrounding existing and
proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development characteristics as
determined by the Design Review Committee and subject to the attached conditions of
approval.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of San
Juan Capistrano hereby approves Architectural Control (AC) 09-01 subject to the conditions
attached hereto and incorporated herein as Exhibit A
PASSED, APPROVED AND ADOPTED this 14th day of April, 2009
AYES: Acting Chairman Gene Ratcliffe, Commissioners Ginny Kerr, James Mocalis,
Bruce Tatarian, and Robert Williams
NOES: none.
ABSTAIN: none.
, yia"�
Gene Ratcliffe, AcfinA Chairma
Grant Taylor,sistant Planning Director
2
PC RESOLUTION # 09-4-14-2
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 09-01
PROJECT NAME: Whispering Hills Estates
APPROVAL DATE: April 14, 2008
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:
The subject project consists of an Architectural Control (AC) application for the
model home preliminary architectural plans, site plans (subdivision lot plan), gated
entry plans, entry statement plans (corner of La Pata Avenue and Vista Montana),
fence plans, and landscaped slope plans (interior and perimeter slopes) for the
Whispering Hills Estates -Rancho San Juan neighborhood (East Canyon) on a 404 -
acre Planned Community. This project approval is based on and subject to the
application materials prepared by the applicant's architect, landscape architect, and
engineer including site plan(s), building elevation(s), floor plan(s), preliminary
landscape plan(s), preliminary grading plan(s), and related plans that have been
approval -stamped. 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 revised or amended unless reviewed and approved by the
City. Minor modifications to this project approval may be approved by the Community
Development Director pursuant to Section 9-2.303, Administrative approvals of Title
9, Land Use Code.
2. _ Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. _ 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.
4. _ The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
PC Resolution #09-4-14-2
Architectural Control (AC) 09-01 Conditions of Approval
Whisperinq Hills Estates Pape 2 of 4
5. _ The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. _ Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval bythe Community
Development Department and Building and Safety Department.
7. _ In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and the
plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated' in the later approval shall prevail
8. _ The use(s) shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor, dust,
vibration, wastes, fumes, or any public nuisances arising or occurring incidental to
the establishment or operation.
9. _ The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
10. _ All applicable approvals and clearance from other departments and agencies shall
be on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (CD-B&S)
SPECIFIC CONDITIONS
11. _ Prior to the issuance of any building permit for a residential dwelling unit in the East
Canon, the applicant/subdividerwill have secured Design Review Committee (DRC)
approval of the final color palette. The DRC may include provision to assure that
those lots backing up to Vista Montana or those lots with unobstructed visual
exposure to Vista Montana, are designated with color schemes using relatively
darker field colors. Furthermore, the DRC may assign specific colors palettes to
specific architectural models/styles (CD).
12. _ Prior to the issuance of any building permit for a residential dwelling unit in the East
Canyon, the applicant shall prepare and submit preliminary front elevation designs
depicting all options that allow additional garages which shall be subject to Design
Review Committee (DRC) review and approval (CD).
13. _ Prior to the issuance of any building permit for a residential dwelling unit in the East
Canyon, the applicant shall prepare and submit a subdivision layout plan depicting
the location of specific home models, architectural style, and color palette for each
lot within the east canyon area which shall be subject to Design Review Committee
(DRC) review and approval (CD).
PC Resolution #09-4-14-2
Architectural Control (AC) 09-01 Conditions of Approval
Whispering Hills Estates Pape 3 of 4
14. _ Prior to the issuance of any building permit for a residential dwelling unit in the East
Canyon and following Design Review Committee (DRC) actions pursuant to
conditions 11 through 13 preceding, the DRC actions shall be subject to review and
ratification by the Planning Commission (CD).
15. _ Prior to the issuance of any building permit for a residential unit in the East Canyon,
the applicant shall provide building permit site and architectural plans to the
Community Development Department with adequate information demonstrating
compliance with all applicable development standards established by the Whispering
Hills Estates -Rancho San Juan Comprehensive Development Plan (CD).
16. _ Prior to the issuance of any building permit for the gate -guarded entry plans, the final
design shall be subject to review and approval by the City Engineer or his designee
to verify compliance with all standards established by Title 8, Chapter 13 of the
Municipal Code (PW -ENG).
17. _ Private streets should not be designed with enhanced paving or stamped -concrete
which would make future trenching for underground utilities expensive and time-
consuming. Furthermore, the proposed sanitary sewer collector lines within the
private streets shall not be placed under the proposed traffic -calming medians. In
addition, sanitary sewer lines cannot be placed under enhanced paving or stamped -
concrete (PW -ENG).
18. Prior to issuance of any building permit forthe three proposed Verdura mechanically -
stabilized earth (MSE) retaining walls, the final design plans shall be subject to
review and approval by the Community Development Director or his designee. Said
plans shall be designed to provide drip irrigation and shall be planted with Rosemary,
or other suitable alternative plant material approved by the Community Development
Director. Said plans shall be designed to provide a minimum 2'-0" landscaped
parkway between the base of the Verdura wall and the adjoining sidewalk which
shall be planted with drought tolerant groundcover and/or shrubbery consistent with
the approved California native palette for the project(CD).
19. _ Prior to issuance of any building permit for any privacy wall (concrete masonry unit
walls only) , the building permit plans for said walls shall be designed to provide for
the use of slumpstone block. Where such walls terminate at the street, they shall be
designed to provide a minimum 12x12 pilaster with pre -cast concrete cap to match
the approved wall design cap (CD).
20. _ Prior to the issuance of any building permit for the entry statement improvements at
the corner of La Pata Avenue & Vista Montana, the applicant/subdivider will have
secured Design Review Committee (DRC) approval of the preliminary design plans
which shall be consistent with the Planning Commission -approved conceptual
design plans. The Planning Commission -approved conceptual plans consist of the
"Tower Plan" option including improvements to both the southwest and northwest
corners of the intersection, provided that the northwest corner improvements will be
limited to the wall element only (no tower and no signage). Further, the landscape
plan for the entry statement will incorporate Coast live oaks (Quercus agrifolia)
planted around the proposed tower element (CD).
PC Resolution #09-4-14-2
Architectural Control (AC) 09-01 Conditions of Approval
Whisperinq Hills Estates Pape 4 of 4
21. _ Prior to issuance of the first building permit, the applicant/subdivider shall submit a
proposed "Green Building Program" that includes available options to future
homebuyers including, but not limited to, solar energy or photovoltaic electrical cells,
tank -less water heaters, installation of California native landscaping, ductless
conditioning systems or insulated duct work, insulated hot water lines, etc. Said
program shall be subject to review and comment by the City's Environmental
Engineer. All homebuyers shall be provided with the option of purchasing "Green
Building Program" elements for their individual homes/properties (PW -ENG).
22. _ Prior to the issuance of any.building permit for irrigation systems on individual lots,
the planned irrigation system must be provided with moisture sensors and smart
timers to prevent the irrigation system from operating during wet, rainy conditions
(PW -ENG).
23. _ Prior to issuance of any building permit, the site plan shell indicate the location of
enclosed outdoor storage area for three, forty -gallon solid waste bins to
accommodate regular waste, green waste, and recyclable materials(PW-ENG).
Responsible Agencies: CD:
CD-B&S:
PW -ENG
UTIL:
OCFA:
Community Development Department
Community Development -Building & Safety
Public Works -Engineering Division
Utilities Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Date:
Signature
Todd Cunningham, Woodbridge Development