PC RESOLUTION NO GRADING PLAN MODIFICATION (GPM)

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PC RESOLUTION NO. 16-07-26- GRADING PLAN MODIFICATION (GPM) 16-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING GRADING PLAN MODIFICATION (GPM) 16-006, INN AT THE MISSION SAN JUAN CAPISTRANO FOR A NEW HOTEL WITH 124 ROOMS, A RESTAURANT, BANQUET FACILITIES, GARDEN PLAZA, SWIMMING POOL, KIDS CLUB AND FITNESS CENTER LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, & 16)(APPLICANT: DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.). Whereas, Dan Friess, Mission Commercial Properties, Inc., on behalf of South Coast Investors II, LLC, 31866 Camino Capistrano, San Juan Capistrano, CA 92675 (the Applicant ), has requested approval of GPM 16-006, a grading modification that proposes to create a finished pad with the same general configuration and to accommodate underground parking for a new hotel to include 124 rooms, a restaurant, banquet facilities, garden plaza, swimming pool, kids club and fitness center (the Modified Project ). The proposed project is a modification to the previously approved Plaza Banderas Hotel (GPM 10-001) project located at 26891 Ortega Highway and is generally located at the northeast corner of Ortega Highway and El Camino Real; and, Whereas, on October 19, 2010, the City Council approved a General Plan Amendment to the land use designation (GPA 10-001) and approved the Plaza Banderas Hotel Comprehensive Development Plan (CDP 10-01) within a Planned Community (PC); and, Whereas, on October 19, 2010, the City Council approved a Rezone to the City s Zoning Map (RZ 10-001) and approved the Plaza Banderas Hotel Comprehensive Development Plan (CDP 10-01) within a Planned Community (PC); and, Whereas, South Coast Investors II, LLC, 31866 Camino Capistrano, San Juan Capistrano, CA 92675, are the owners of real property located at Assessor s Parcel Numbers 24-170-12, 14, 15, & 16; and, Whereas, the GPM 16-006 has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, 15000 et seq.), the City of San Juan Capistrano is the lead agency for the Modified Project, including GPM 16-006; and, Whereas, on July 26, 2016, the Planning Commission approved an Addendum to the Final EIR for the Plaza Banderas Hotel Project (SCH# 2010051075) for the Modified Project, which includes this GPM 16-006. The Addendum fully

PC Resolution 16-07-26-2 July 26, 2016 disclosed the changes and additions that were made to the Plaza Banderas Hotel Project EIR to make it applicable to the Modified Project, including GPM 16-006; and, Whereas, the Design Review Committee (DRC) reviewed the plans on February 11, 2016, March 24, 2016, April 14, 2016, May 12, 2016 and June 9, 2016 and recommended that the item move forward to the Planning Commission; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on July 26, 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the Addendum to the Final EIR for the Plaza Banderas Hotel Project (SCH#2010051075) fully and completely addresses any and all environmental impacts associated with the Modified Project, including GPM16-006, and that no further environmental review is required before the Planning Commission approves GPM16-006; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.323 of Title 9, Land Use Code of the City of San Juan Capistrano in support of Grading Plan Modification (GPM) 16-006: 1. 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 provisions that regulate grading within the General Plan, Land Use Code and Architectural Design Guidelines are embodied in the Comprehensive Development Plan s provisions related to grading which provides that grading shall adhere to the following standards: 2) Grading a. Landform preservation should shape and guide site development of commercial proposals. Grading should not substantially alter natural grades to increase the area of developable land. b. Innovative grading concepts such as contour grading that incorporate use of variable slopes and meandering tops and toes of slopes techniques are encouraged. Smooth, gradual transitions between manufactured and natural slopes are recommended. c. Use of retaining walls should be minimized. Where use of retaining walls cannot be avoided, they should be screened to the maximum extent possible and use of plantable retaining walls systems or vine-covered walls should be employed as part of the design solution.

PC Resolution 16-07-26-3 July 26, 2016 The existing grades on-site vary by roughly 8 to 10 feet across the property with existing grades at the west end of the property generally matching the existing grades at the west end of the property (120 to 123 feet above mean sea level) and dropping roughly 8 to 10 feet below existing surrounding grades at the east end of the property (113 to 116 feet above mean sea level); and as a result, a large portion of the east side of the property is situated in an 8 to 10 foot deep hole. The 2010 approved Grading Plan Modification proposed to fill the east end of the property both to raise the proposed building pad above the 100 year floodplain associated with El Horno Creek and to match the existing grade at the west end of the property, resulting in a flat, buildable pad. The proposed grading modification proposes to create a finished pad with the same general configuration. The grading concept is proposed to accommodate underground parking, eliminating the need for substantial import of fill material from off-site. The finished first floor elevation of the proposed hotel matches the finished grade at the corner of Ortega Highway and El Camino Real. Thus, the proposed grading does not substantially alter natural grades to increase the area of developable land, but rather to create the same pad configuration, as previously approved, but without the need for significant import of fill material. More importantly, the proposed finished pad elevation is essentially the same as that previously approved by the City for the Plaza Banderas Hotel project. Through the proposed grading concept of incorporating underground parking, the proposed project not only provides sufficient parking to serve the hotel use but also visitors to the downtown area and reduces the air emission impacts and removes truck hauling import from the road. Furthermore, the plantable retaining walls along the interior of the driveway and along El Horno Creek have been minimized and the manufactured slope will be internally facing at the southeast corner of the property and will be appropriately landscaped. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority because with the exception of the grading modification to accommodate the underground parking, the proposed grading concept for the site is substantially consistent with the previously approved Grading Plan Modification for the Plaza Banderas Hotel project. 3. The proposed grading will remain consistent and compatible with immediatelyadjacent 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 modification is limited to creating the proposed underground parking garage and essentially conforms to the previously approved Grading Plan Modification for the Plaza Banderas Hotel project, remains compatible with immediately-adjacent lots, and harmonizes the grading design with the natural contours of the property and surrounding lots. The grading concept seeks to match existing grades at both Ortega

PC Resolution 16-07-26-4 July 26, 2016 Highway and El Camino Real so as to create the street frontage envisioned by the Historic Town Center Master Plan. 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, because the Comprehensive Development Plan requires that all proposed buildings situated between 0 and 30 feet from the public right-of-way (ROW) be limited to a maximum height of no greater than 30 feet. However, the CDP allows the proposed hotel building to have a maximum height of 45 feet while providing a minimum setback of 30 feet. The proposed restaurant building has been designed to maintain a maximum height of 30 feet, while the proposed hotel, with a maximum height of 45 feet, provides a minimum setback at the southeast corner of the building (proposed turret element) of 30 feet. Therefore, the modified grading plan and site plan conform to all building height and setback provisions of the Comprehensive Development Plan. 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 proposed grading modification to accommodate the underground parking garage will not cause adverse impacts to other properties. The proposed modified site plan eliminates the previously approved one-story restaurant building and therefore reduces the building massing along El Camino Real and adjacent to the Great Stone Church ruins. The one-story restaurant building is replaced with an open plaza on the corner of El Camino Real and Ortega Highway and an enclosed (fenced) garden plaza. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Grading Plan Modification (GPM) 16-001, subject to those applicable conditions of approval established in the Administrative Record, specifically City Council Resolution # 10-10- 05-05. However, Grading Plan Modification (GPM) 16-006 shall not be effective unless and until the Architectural Control (AC) 15-035, and Amendment to the Plaza Banderas Hotel Comprehensive Development Plan (CDP) 10-01 are approved. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code.

PC Resolution 16-07-26-5 July 26, 2016 SIGNATURE PAGE TO PC RESOLUTION NO. 16-07-26- PASSED, APPROVED AND ADOPTED this 26th day of July, 2016. Mark Speros, Chairman Sergio Klotz, AICP, Assistant Development Services Director/Secretary