PC Resolution-16-03-22-01PC RESOLUTION NO. 16-03-22-1
ARCHITECTURAL CONTROL (AC) 15-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING AN EXPANSION OF THE EXISTING
DINING PATIO INCLUDING CONSTRUCTION OF A NEW BAR WITH ROOFTOP,
EXPANSION OF EXISTING EXTERIOR WAITING AREA, MONUMENT SIGN AND
NEW LANDSCAPING LOCATED AT 26701 VERDUGO STREET (ASSESSORS
PARCEL NUMBER: 121-141-17) (TREVOR'S AT THE TRACKS)
Whereas, John Rix of Architectronix, Inc., 250 N. Golden Circle Drive, Suite #204,
Santa Ana, CA, has requested approval of Architectural Control (AC) 15-028 to allow an
expansion of the existing dining patio including construction of a new bar with rooftop,
expansion of existing exterior waiting area, construction of a new monument sign, and
new landscaping, located at 26701 Verdugo Street which is General Plan-designated
General Commercial and classified as Town 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 notice shall not be filed with OPR or the county clerk
until the project has been approved;" and,
Whereas, the Cultural Heritage Commission conducted a duly-noticed
public hearing March 22, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302,
and to consider public testimony on the proposed project and has considered all
relevant public comments, and approved Site Plan Review (SPR) 15-008; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on March 22, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302, and to
consider public testimony on the proposed project and has considered all relevant
public comments; and
Whereas, during the course of the Planning Commission hearing the
applicant withdrew that portion of the project including a new sign attached to a trellis
over the entryway to the Site.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby find that the project is Categorically
Exempt (Section 15303; Class 3 "New Construction or Conversion of Small Structures")
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from further review under CEQA. The project is consistent with Section 15303 because
the modifications are accessory (appurtenant) structures.
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 9-2.313 of Title 9, Land Use Code of the City of San
Juan Capistrano:
1. The proposed use and design of the project complies 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 project
is an expansion of the existing 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 of the General Plan, including the Community Design Element.
The project will be consistent with the following:
• Policy 1. 2 Encourage high-quality and human scale design in development
to maintain the character of the City because the patio expansion and new
bar with rooftop covering will feature high quality materials and
architectural detailing, and will be designed at a human scale;
• Policy 2. 1 Encourage development which complements the City's
traditional, historic character through site design, architecture, and
landscaping because the project's use of brick, stone, and a wood rooftop
covering that will complement the traditional and historic character of the
City and the Capistrano (Santa Fe) Depot building; 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 will expand an existing patio
into a landscaped area that will not require additional parking, will meet existing
setbacks for the Town Center District, and will provide sufficient new landscape
material as well as preserving important existing landscape; and,
4. The character, scale and quality of the architecture, site design and landscaping
are consistent with the adopted Architectural Design Guidelines of the City
because the project will be consistent with the following Architectural Design
Guidelines' Polices:
• Policy 5.0.3.a. Exterior building materials should complement those used
in the surrounding area. Use of the following materials is encouraged
within Downtown San Juan Capistrano:
o stucco (smooth or textured)
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o brick
o granite
o marble
o stone
o wood
The project complies because it will incorporate brick and wood, which are
complementary to the surrounding Downtown area and the Capistrano
(Santa Fe) Depot building;
• 5.0. 12.a. Plazas and courtyards are encouraged within downtown San
Juan Capistrano. Ample seating should be provided within plaza areas.
The project complies because it will enhance an existing patio and create
additional seating area;
• 5. D. 13. c. Where appropriate to the selected architectural style and project
location, stucco or brick wall enclosures, enhanced with
decorative inset tiles, ornamental metal fencing, entry gates, or planters
are encouraged. The project will comply because it will include a
decorative brick wall enhanced with an ornamental wrought iron railing;
and,
5. The site plan provides functional and safe vehicular, bicycle and pedestrian
access and circulation because the project will expand the existing patio and
include additional 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 other
development characteristics because the project will expand the existing
restaurant use with the additional outdoor dining space, will be similar in scale to
the existing patio and will incorporate design features and landscaping that are
complementary to the existing patio, the Capistrano (Santa Fe) Depot building,
and the surrounding uses and improvements.
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 9-2.343, Sign Permit of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. The proposed sign(s) is consistent with the design criteria of Section 9-3.543,
Signs, the Community Design Element, and the Design Guidelines because the
monument sign is consistent with the Community Design Element and the
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Architectural Design Guidelines, including appropriateness of scale, placement,
landscaping, and compatibility with the project architecture;
2. The proposed sign conforms to all numerical size, height, and other requirements
of Section 9-3.543, Signs, and to any approved sign program adopted for the
development project in which the sign is to be located because the proposed
monument sign is within the maximum sign area of 24 square feet and maximum
height of 6 feet; and the total sign area will total 18.36 square feet and a sign
height of 6';
3. The sign will not be detrimental to the public health, safety, or welfare; will not
have adverse impacts on adjacent properties or rights-of-way; or obstruct the
view of other legal signs, be compatible with surrounding areas and be consistent
with the City's adopted Architectural Design Guidelines because the monument
sign will not have an adverse impacts on adjacent properties or rights-of-way; or
obstruct the view of other legal signs, and be compatible with surrounding areas
because the sign will replace an existing sign and be solely visible from the
Verdugo Street cul-de-sac or from the Capistrano Depot parking Jot; and the
monument sign will have a back-/it halo illumination, which is substantially
consistent with the Architectural Design Guidelines.
4. In order to achieve maximum limits of sign area, there must be a finding that
the sign is appropriate within the context of the project and compatible with the
surrounding area. Numerical requirements are only guidelines and not
guarantee. The proposed signage is appropriate within the context of the project
because it is compatible with the surrounding area and is replacing the existing
monument sign with similar dimensions to match the existing sign; and the
design is proposed to match the design and architecture of the surrounding
areas; and the monument sign will provide signage for multiple tenants and
therefore minimizes the placement of additional signs.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing
of an appeal application. The appeal period shall expire at 5:00 p.m., Wednesday, April
6, 2015. This project approval shall be valid for a period of 1 year from the date of
approval of this resolution, and shall expire on March 22, 2017 unless a time extension
request has been submitted or a building/grading permit has been issued for the project
prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
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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.
PASSED, APPROVED AND ADOPTED this 22nd day of March, 2016.
Serg~ICP, Assistant Director
Secretary
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EXHIBIT "A"
P .C. RESOLUTION #16-03-22-1
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 15-028
PROJECT NAME: Trevor's at the Tracks
APPROVAL DATE: March 22, 2016
Architectural Control (AC) 15-028 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 an expansion of the existing dining patio including construction of
a new bar with rooftop, expansion of existing exterior waiting area, and new landscaping located
at 26701 Verdugo Street, APN: 121-141-17. This project approval is based on and subject to
the application materials prepared by John Rix 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. The Planning
Commission approval did not include the "Trellis Sign" part of the application. The Trellis Sign
was withdrawn from the application the night of the public hearing.
General Conditions:
1. 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, 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.
2. 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.
61147.01400124609052.2
Resolution #16-03-22-1
AC 15-028. Trevor's at the Tracks
Conditions of Approval
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The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
2.1 Archaeological Monitoring. Prior to issuance of a permit, the applicant shall
submit to the Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified Archaeologists
for Orange County) has been retained to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information for
the archaeologist.
2.2 Paleontological Monitor. Prior to issuance of a permit, a qualified paleontologist
(defined as a paleontologist on the List of Certified Paleontologists for Orange
County) shall be retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the vicinity of the
project site, as well as monitoring requirements.
2.3 Fire Flow. Prior to issuance of a permit, obtain the Orange County Fire Authority
fire flow demands and requirements. Should OCFA require a flow test, the
applicant shall contact the Utilities Division -Engineering Section to obtain flow
test observation requirements. (PW-UTIL)
2.4 Backflow Prevention. A Backflow Prevention Assembly is required to be installed
for the existing 2-inch commercial domestic water meter per the City Backflow
and Cross-connection Control Ordinance No. 895. Location of the required
Backflow Prevention Device shall be shown on the site improvement plans for
plan check. Only backflow prevention assemblies on the approved list of USC
Foundation for Cross-Connection Control will be acceptable. (PW-UTIL)
2.5 Devel opment Im pact Fees. Prior to issuance of a permit the applicant shall pay
water and sewer impact fees, plan check and inspection fees, and the
preliminary processing fee for the proposed additional square footage of
commercial area. (PW-UTIL)
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
3.1 Backflow Prevention. Prior to start of construction, the contractor shall contact
the Utilities Division at 949-443-6398 for inspection and approval of the location
of the required backflow prevention assembly by the Utilities Water Quality-Cross
Connection Control Specialist. (PW-UTIL)
3.2 Water Service Application. The contractor shall obtain a water service application
from the City Utilities/Engineering to complete and return to the Utilities Division
along with the backflow test certification for processing and entering the device
into the City Backflow Program. (PW-UTIL)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
4.1 Consistency with Approved Plans and Elevations. The project shall be
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Resolution #16-03-22-1 Conditions of Approval
AC 15-028. Trevor's at the Tracks Page 3 of 3
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, except to the extent the
approved plans include the "Trellis Sign.• 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 Cultural Resource Reports .. Prior to final inspection, the applicant shall
submit final monitoring reports/technical memoranda for any historical, cultural,
or archaeological resources recovered from the project site during grading or
construction and shall file the same with the appropriate information repository
South Central Coastal Information Center (SCCIC). Reports shall include
information on the disposition of resources. (DSD)
4.3 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
PW-UTIL: Public Works-Utilities Division
OCFA: Orange County Fire Authority
SCCIC: South Central Coastal Information Center
Date of Approval: March 22, 2016
Resolution No.: 16-03-22-1
Effective Date: April 6, 2016
Applicant Acceptance of Conditions of Approval:
By: ~C5Y'.._Chzf4?
Applicant/Agent
61147.01400\24609052.2
Date '