PC Resolution-15-10-27-02PC RESOLUTION NO.15-10-27-02
ARCHITECTURAL CONTROL (AC)15-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO,CALIFORNIA APPROVING A 60 SQUARE FOOT DINING PATIO
EXPANSION AND REMODEL,REMODEL AND RELOCATION OF THE EXISTING
EXTERIOR STARICASE, AND NEW LANDSCAPING,LOCATED AT 31892 CAMINO
CAPISTRANO (ASSESSORS PARCEL NUMBER:124-160-32)(EGAN HOUSE)
Whereas,Dan Friess,31866 Camino Capistrano,San Juan Capistrano,CA
92675, has requested approval of Architectural Control 15-022 to allow a remodel ofthe
existingexteriorpatio including 60 square feet ofnewpatio area,relocationofthe existing
staircase,and new landscaping,located at 31892 Camino Capistrano,which is General
Plan-designated General Commercial and classified asTown Center on the Official Zoning
Map;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 reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA)and determined that
the project qualifies for a Class 3 categorical exemption,and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d)of the CEQA Guidelines which
provides that "the noticeshallnotbe filed with OPRorthecountycterk until theproject has
been approved"and,
Whereas,the Cultural Heritage Commission conducted a duly-noticed public
hearing October 27,2015,pursuant to Title 9, Land Use Code,Section 9-2.302,and to
consider public testimony on Site Plan Review (SPR)15-005,and has considered all
relevant public comments,and approved Site Plan Review (SPR)15-005;and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on October 27,2015,pursuant to Title 9, Land Use Code,Section 9-2.302, to consider
public testimonyonthe proposed projectand has consideredallrelevant public comments.
NOW,THEREFORE,BE ITRESOLVED,that the PlanningCommissionof
the City ofSan Juan Capistranodoes hereby find thatthe project is Categorically Exempt
(Section 15301; "Existing Facilities," and Section 15303;Class 3 "New Construction or
Conversion of Small Structures")from further review under CEQA.The project is
consistent with Section 15301 because the project consists of a minorexpansion of an
existing patio and other minor exterior alterations. The project is also consistent with
Section 15303 because the modificationsare accessory (appurtenant)structures.
Page 1 of4
NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Planning
Commission ofthe City ofSanJuan Capistrano does hereby make thefollowing findings
as established by Section 9-2.313 of Title 9,Land Use Code ofthe City ofSan Juan
Capistrano:
1.Theproposeduse and designofthe project complies with all applicable provisions
of Title 9 ofthe San Juan Capistrano Municipal Code and any applicable specific
planorcomprehensivedevelopment plan because the project isan expansionofa
patio,which will be used foroutdoordining fora restaurant use,which is permitted
in the Town Center District;and,
2. The proposed use and design of the project is consistent with the goals,policies
and objectives ofthe General Plan,including the CommunityDesign Element. The
project will be consistent with the following:
•
•
Policy 1.2 Encourage high-qualityandhuman scale design indevelopment to
maintainthe character ofthe Citybecausethe patio and staircasewill feature
high quality materials and architectural detailing consistent with existing
materials and detailing,and will be designed at a human scale;
Policy 2.1 Encourage development whichcomplements the City's traditional,
historiccharacter through site design,architecture,andlandscapingbecause
the project's use of brick will complement the traditional and historic
character of the City and the existing brick Egan House;and,
The site is adequate insize and shape to accommodate allyards, open spaces,
setbacks,parking,access,and other features pertaining to the application,except
as otherwise approved because the project will expand an existing patio into a
landscaped area that will not require additional parking,will meet required front
setback of0-feetforthe Town Center District,will notexceed the maximum height
of7-feetfora "terrace"wall,and will provide sufficient newlandscape material as
well as preserving importantexistinglandscape; and,
Thecharacter,scale and quality ofthe architecture,sitedesignand landscaping are
consistentwith the adopted Architectural Design Guidelines ofthe City because the
projectwill be consistent with the following Architectural DesignGuidelines'Polices:
•Policy5.D.3.a.Exteriorbuilding materials shouldcomplement thoseused
in the surrounding area.Use of the following materials is encouraged
within Downtown San Juan Capistrano:
o stucco (smooth ortextured)
o brick
o granite
o marble
o stone
o wood
Page 2 of 4
The project complies because it will incorporate brick,which is
complementary with thesurrounding Downtown area and the Egan House;
•Policy 5.D.12.a.Plazas and courtyards are encouraged within downtown
San Juan Capistrano.Ample seating should be provided within plaza
areas.The project complies because itwill enhance an existing patio and
create additional seating area;
•Policy 5.D.13.c.Where appropriate tothe selectedarchitectural style and
project location,stucco or brick wall enclosures, enhanced with
decorative inset tiles,ornamental metalfencing, entry gates,orplanters
are encouraged.The project will comply because it will include a
decorative brick wall and willeliminate the river rock,which is inconsistent
with the overall design of the building;and,
5.The site plan provides functional and safevehicular,bicycle and pedestrian access
and circulation because the project will expand the existing patio and include
additional accessible pedestrian access;and will not result in impacts to the
vehicular circulation of the subject site;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 otherdevelopment
characteristics because the project will expand the existing outdoor space to create
additional dining area,will be similar in scale to the existing patio and will
incorporatedesign features and landscaping that are complementarytothe existing
patio,the Egan House, and the surrounding uses and improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED,that the Planning
Commission ofthe City ofSan Juan Capistrano herebyapprovesthe project subjectto
those conditions of approval established by Exhibit A,attached hereto and incorporated
herein.
CUSTODIAN OF RECORDS:Thedocuments and materials associatedwith
this Resolution that constitutethe recordofproceedingson which these findings are based
are located at San Juan Capistrano City Hall,32400 Paseo Adelanto,San Juan
Capistrano,California 92675. The Interim DevelopmentServices Director isthe custodian
of the record of proceedings.
EFFECTIVE DATE &FINAL APPROVAL:This project approval shall
become effective following expiration ofthe fifteen (15)dayappeal period without filing of
an appeal application. The appeal periodshallexpireat 5:00 p.m.,Wednesday,October
28, 2015. This project approval shall be valid for a period of 1 year from the date of
approval ofthis resolution,and shall expire on October 27, 2016 unless a time extension
request has been submitted ora building/grading permit has been issued forthe project
prior to that date.
Page 3 of 4
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 bySections 66020 through 66022 ofthe California GovernmentCode.
thPASSED,APPROVED AND ADOPTED this 27,n day of October,2015.
0 .
Sheldon Cohen,Chairman
4
iihM
David Contreras,Acting Assistant Development
Services Director,Secretary
Page 4 of 4
EXHIBIT "A"
P.C.RESOLUTION #15-10-27-02
CONDITIONS OF APPROVAL
PROJECT LOG #:AC 15-022
PROJECT NAME:EGAN HOUSE
APPROVAL DATE:October 27,2015
Architectural Control (AC)15-022 is approved subject to compliance,to the reasonable
satisfaction of the Development Services Department,with all applicable sections of the San
Juan Capistrano Municipal Code,the California Administrative Code,the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to exercising
the rights conferred by Architectural Control approval.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.
The subject project proposes to expand the existing outdoor patio by 60 square feet,relocate
and redesign the existing staircase,and add new landscaping located at 31892 Camino
Capistrano,APN:124-160-32.This project approval is based on and subject to the application
materials prepared by Dan Friess dated October 1,2015 including site plan(s),elevation(s),
floor plan(s),and any other plans.These plans and the proposed use of the project site are
hereby incorporated by reference into this approval as submitted and conditioned herein,and
shall not be further altered unless reviewed and approved by the affected city departments.
Minor modifications to this project approval may be approved by the Development Services
Director pursuant to Section 9-2.303,Administrative approvals of Title 9,Land Use Code.
General Conditions:
1.The applicant and its heirs,successors,and assigns 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 Cityof 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,Planning Commission,or Development Services Director.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.
Resolution #15-10-27-02 Conditions ofApproval
AC 15-022.Egan House Page 2 of2
2. In the event that exhibits and written conditions are inconsistent,the written
conditions shall prevail. Ifthere 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.
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
2.1 Site Plan Review. Priorto issuance of a permit,this project requires approval of a
Site Plan Review application.(DSD)
2.2 Wet/Drv Utilities Plan Check.Prior to issuance of a permit,the Site Plan shall
show/identify all existing wet and dry utilities, including but not limited to,sewer
main,sewer manholes with rim elevations,sewer lateral,water main,water
meter location,storm drain information and curb drains,fire service laterals,as
applicable.(PW-ENG)
The following conditions shall be met continuously during construction and prior to
issuance of any certificate ofoccupancy:
4.1 Consistency with Approved Plans and Elevations.The project shall be
constructed in accordance with all the approved plans and conditions of
approval,including but not limited to site plans,grading plans,wall plans,
landscape/irrigation plans,lighting plans,and elevations.If all improvements
cannot be installed prior to occupancy,the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements provided
that a bond,cash deposit,or other surety in a form and substance approved by
the City Attorney, is submitted to the City in lieu of installation of the
improvements,that application and required fees are submitted,and that the
incomplete improvements will not create an unsafe condition on the site.The
term of the deferral shall be as determined by the City Planner.(DSD)
4.2 Final Development Services Inspection.Prior to application for a final occupancy
permit,the applicant shall schedule a final inspection by the Development
Services Department,and shall pay any outstanding balance in the Developer
Deposit Account assigned to this application.Development Services Department
shall not conduct a final inspection until any outstanding balance has been paid
in full. (DSD)
Responsible Departments/Agencies:
DSD:Development Services Department
DSD-B&S: DSD-Building &Safety Division
PW-ENG: Public Works-Engineering Division
PW-UTIL:Public Works-Utilities Division
OCFA:Orange County Fire Authority