PC Resolution-18-09-25-02PC RESOLUTION NO.· 18-09-25-02
ARCHITECTURAL CONTROL (AC) 18-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 18-
024, INN AT THE MISSION FORMERLY KNOWN AS PLAZA BANDERAS HOTEL TO
ALLOW SITE PLAN MODIFICATIONS TO THE LOCATION OF AN APPROVED
PARKING AREA, SWIMMING POOL AND ENTRY DRIVEWAY AND FINDING
APPROVAL EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO STATE
CEQA GUIDELINES SECTIONS 15162, 15164, 15183, 15301, 15303, AND 15311,
LOCATED AT 26871 & 26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBER
124-170-12,14,15,16) (APPLICANT: DAN FRIESS, MISSION COMMERCIAL
PROPERTIES).
Whereas, Dan Friess, on behalf of Mission Commercial Properties, Inc., 31866
Camino Capistrano, San Juan Capistrano, CA 92675 (the "Applicant"), has requested
approval of Architectural Control (AC) 18-024 to modify the approved location of the
parking area on the south side of the hotel, swimming pool and entry driveway (the
"Project"); and,
Whereas, South Coast Investors II, LLC. is the owner of real property located at
26871 & 26891 Ortega Highway (APN's: 124-170-12, 14, 15, & 16); and,
Whereas, on October 19, 2010, the City Council certified the Final Environmental
Impact Report ("FEIR") for the Plaza Banderas Hotel Project ("Original Project") and the
entitlements for the Original Project including General Plan Amendment to change the
land use designation (GPA 10-001 ), the Plaza Banderas Hotel Comprehensive
Development Plan (CDP 10-01) and a Rezone to the City's Zoning Map (RZ 10-001)
(collectively "Entitlements"); and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, on October 5, 2010, the City Council certified the Final Environmental
Impact Report for the Plaza Banderas Hotel Project (SCH#2010051075) (the "EIR")
pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et
seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.);
and,
Whereas, the EIR analyzed the development plans for the Plaza Banderas Hotel
and identified the potential environmental impacts of the same; and,
Whereas, the City's Environmental Administrator has determined that none of the
circumstances identified in State CEQA Guidelines section 15162 triggering the need
for subsequent environmental review have occurred, and that pursuant to State CEQA
Guidelines section 15164, no addendum to the previously certified EIR is required; and,
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Whereas, the City's Environmental Administrative has further determined that the
minor site plan modifications are exempt from further environmental review pursuant to
multiple statutory and categorical CEQA exemptions, including the exemptions identified
in Public Resources Code section 21083.3 and State CEQA Guidelines section 15183
(Projects Consistent With General Plan And Zoning Designations), State CEQA
Guidelines section 15301 (Existing Facilities), State CEQA Guidelines section 15303
(Small Structures), and State CEQA Guidelines section 15311 (Minor Accessory
Structures); and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determinations pursuant to Section 15074 of the California
Environmental Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly-noticed public hearing on
September 25, 2018, 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 considered all
relevant public comments; and ,
Whereas, the DRC reviewed the plans on July 19, 2018 and voted unanimously
finding that the revisions to the site plan were acceptable as proposed and forwarded
the project to the Planning Commission; and,
Whereas, pursuant to San Juan Capistrano Municipal Code ("SJCMC") 2-2.1103,
the DRC reviews and makes recommendations to development applicants on the
design of projects for compliance with the goals and policies of the City's General Plan
Community Design Element and adopted architectural design guidelines and other
policies regarding the design of projects. DRC does not have jurisdiction over the uses
allowed in projects, merely the design of the projects; and,
Whereas, the findings and conclusions made by the Planning Commission in this
Resolution are based upon the oral and written evidence presented as well as the
entirety ot the administrative record, which is incorporated herein by this reference. The
findings are not based solely on the information provided in this Resolution; and,
Whereas, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, that, based on the entire
administrative record, including all oral and written testimony presented to it, the
Planning Commission does hereby find that the Architectural Control (AC) 18-024 is
fully consistent covered by the Plaza Banderas FEIR. Based on all evidence in the
administrative record, including all oral and written testimony presented to it, the
Planning Commission hereby finds and determines that preparation of a subsequent or
supplemental EIR or any other CEQA document is not required under California Public
Resources Code section 21166 and State CEQA Guidelines section 15162, because
the proposed Architectural Control (AC) 18-024:
PC Resolution 18-09-25-02 3 September 25, 2018
• Does not constitute a substantial change to the project that will require major
revisions of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects.
• Does not constitute a substantial change with respect to the circumstances under
which the project is administered that will require major revisions of the EIR due
to the involvement of new significant environmental effects or a substantial
increase in the severity of the previously identified significant effects.
• Does not involve new information of substantial importance that was not known
and could not have been known with the exercise of reasonable diligence at the
time the EIR was certified that shows any of the following: (a) the offer of
dedication will have one or more significant effects not discussed in the EIR; (b)
significant effects previously examined will be substantially more severe than
shown in the EIR; (c) mitigation measures or alternatives previously found not to
be feasible would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the City Council declined to adopt such
measures; or (d) mitigation measures or alternatives considerably different from
those analyzed in the EIR would substantially reduce one or more significant
effects on the environment, but which the City Council declined to adopt.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, based on the
entire administrative record, including all oral and written testimony presented to it, the
Planning Commission does hereby find that pursuant to State CEQA Guidelines section
15164, no addendum to the previously certified EIR is required, given that no changes
or additions to the previously certified EIR is necessary.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, based on the
entire administrative record, including all oral and written testimony presented to it, the
Planning Commission does hereby find that the Architectural Control (AC) 18-0?4 is
exempt from further environmental review under several CEQA statutory and
categorical exemptions, including:
• Statutory Exemptio n for Projects Consistent With General Plan and Zoning
Designations (Pub. Resources Code, § 21083.3(a)-(b); State CEQA Guidelines,
§ 151 83(d)). This exemption applies to projects that are consistent with
applicable general plan or zoning designations and that were studied in a
previously certified EIR. This exemption applies given that the project's impacts
were previously analyzed in the certified EIR, and the project is fully consistent
with the General Plan.
• Class 1 Exemption for Existing Facilities (State CEQA Guidelines, § 15301 ).
This exemption applies to the minor alteration of existing public or private
structures, involving negligible or no expansion of use. The proposed revisions to
the site plan do not expand the hotel use, or the square footage of any of the
proposed buildings.
PC Resolution 18-09-25-02 4 September 25 . 2018
• Class 3 Exemption for New Construction of Small Structures (State CEQA
Guidelines,§ 15303). This exemption applies to the construction and location of
limited numbers of new, small facilities or structures. Here, the construction of a
swimming pool, parking area, and driveway entry constitute small structures or
facilities.
• Class 11 Exemption for Minor Accessory Structures (State CEQA Guidelines,
§ 15311 ). This exemption applies to the construction or placement of minor
structures accessory and/or appurtenant to existing commercial facilities. Here,
the construction and/or placement of the swimming pool, parking area, and
driveway entry are each accessory and/or appurtenant to the hotel use.
Each of the foregoing exemptions independently exempts the whole of the action. None
of the exceptions to the categorical exemptions in State CEQA Guidelines, section
15300.2 are triggered by the modifications to the construction of the swimming pool,
parking area and driveway entry. Therefore, the proposed modifications could be found
exempt from CEQA review on any one of the foregoing theories.
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 in support of Architectural Control (AC) 18-024:
1. 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 modification is
in conformance with the Plaza Banderas Hotel Comprehensive Development
Plan's (CDP 10-01) and Municipal Code's regulations and maintains consistency
with the CDP's Architectural Design Guidelines through the development
standards. The proposed modifications to the site plan, vehicular
access/circulation/parking, pedestrian circulation, walls and fences, and paving,
includin~ the modified swimming pool area ;:irn consistent with the 2010
approved location of the project. The proposed location of the swimming pool is
designed and sited in a manner to offer privacy for users. (CDP, § 4.2.3(1 ), p.
44.) The proposed 187 parking spaces provide 25 more spaces than the 162
required. (SJCMC, § 9-3.535.) The proposed location of the pool equipment is
sited within a screened area to minimize impacts on adjacent uses (CDP, §
4.2.3(1 ), p. 44.)
Furthermore, the project has been designed to conform with the CDP Section
4.1.1, Overall Goals:
1 . Reinforce and enhance the City's downtown as one of the primary focal
points of the community;
The proposed project is located at the main-entry gateway to the downtown
area and has been designed to reinforce the City's heritage and tradition of
architecture and design. The split entrance driveways are finished with
PC Resolution 18-09-25-02 5 September 25. 2018
enhanced paving and are flanked with mature trees and landscaping that
provide an enhanced entrance to the downtown and to the project.
2. Contribute to the existing pedestrian-oriented "village-like" environment;
The proposed project has a well-balanced pedestrian orientation and human
scale. The parking area is screened with landscaping and the pedestrian
circulation experience is enhanced with enriched paving in the entry driveway
and in the porte cochere, a focal fountain and enhanced paving throughout
the pedestrian corridors of the site and landscaping along the perimeter of the
project. The swimming pool is enhanced with landscape and paving including
a perimeter enclosure to provide privacy and noise protection.
3. Complement the scale, proportion and character of development in the
surrounding area;
The proposed project incorporates landscaping and enhanced paving at the
pedestrian walkways, entry driveway and porte cochere which complements
the Spanish architectural style of the hotel building.
4. Establish attractive, inviting, imaginative and functional site arrangement
of buildings and parking areas;
The proposed project provides a continuous access drive through the parking
lot with entrances from Ortega Highway, Spring Street, and El Camino Real
with a total of three (3) access driveways. Pedestrian access to the Hotel
building from the parking lot is provided via a sidewalk with entrances to the
south side of the building. All surface parking is designed to include
landscaping to visually buffer views from Ortega Highway. Furthermore, the
proposed pedestrian circulation design allows for hotel users to access the
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 will
provide an inviting outdoor social experience for visitors and pedestrians that
travel to and from the downtown area.
5. Create a high quality architectural and landscape design which provides
proper access, visibility and identity; and,
The applicant proposes to install landscaping along the perimeter of the
buildings and parking lot and along the interior paseo between the hotel and
the restaurant building; and integrated with enhanced paving, which will
enhance the overall pedestrian experience because the porte cochere will
provide visual interest with a fountain and mature trees and will complement
the existing pedestrian experience.
6. Provide stylistically diverse and creative architectural design solutions,
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which convey a sense of timelessness and elegance.
The proposed project includes enhanced paving details that complement the
Spanish architectural style and contains a fountain in the porte cochere that
defines the hotel entrance and that creates a timeless sense of arrival.
1. 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 is consistent with the following policies and objectives of the
Community Design Element:
Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development
to maintain the character of the City;" and,
The proposed project has a well-balanced pedestrian orientation and human
scale. The project provides enhanced paving and landscaping including
fountains and pedestrian walkways from the hotel to Ortega Highway.
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping".
The proposed project incorporates two split driveways flanked with mature trees
and landscaping including enhanced paving leading into the porte cochere. The
applicant also proposes to install landscaping along the perimeter of the buildings
and along the interior area between the hotel and Ortega Highway which will
enhance the overall pedestrian experience because the modified entry drives will
provide visual interest and a sense of arrival with a focal fountain and mature
trees.
As discussed further below, the project conforms to the City's adopted
Architectural Design Guidelines, which substantially implement the General Plan
Community Design Element. Further, the project conforms to the Plaza Banderas
Hotel Comprehensive Development Plan's (CDP 10-01) design standards, which
intend for conformity with the City's Architectural Design Guidelines.
Furthermore, the Historic Town Center Master Plan establishes the overall goals,
policies, and development concept for the historic downtown including the
subject property. The Master Plan specifically designates the subject property for
the development of a destination hotel that would serve as an architectural focal
point and entry statement to the downtown. As such, staff has determined that
the proposed project design will be consistent with the goals, policies, and
objectives of the Community Design Element, as well as, all other applicable
provisions of the General Plan.
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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 approved Plaza Banderas Hotel
project has been designed to accommodate the required project building
elements, as set forth in CDP 10-001,and because the development
characteristics meet all of the development standards established in the Plaza
Banderas Hotel CDP 10-01, including required 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
are consistent with the adopted Architectural Design Guidelines of the City
because as demonstrated within this staff report, the proposed project
modifications and use of materials and landscaping compliments the design
elements of Spanish/Mission Revival and Monterey Revival style architecture, as
required by CDP 10-001. The swimming pool location relates to the architectural
elevation of the hotel building and is consistent with the location identified in the
2010 Plaza Banderas Hotel Final Environmental Impact Report. The enhanced
paving details and landscaping conveys a sense of "richness of detail" and
complements the building elevation design. Furthermore, the project will be
consistent with the adopted Architectural Design Guidelines because the
following design principles are applicable to the proposed project:
Design Issue/ Principal 1: Human Scale. The proposed project has a well-
balanced pedestrian orientation and human scale. The pedestrian circulation
experience is enhanced with the paving and mature tree and landscaping at
the driveway located at Ortega Highway.
Design Issue/ Principle 2: Eclectic Building Styles. The approved Plaza
Banderas Hotel project includes a Spanish/Mission Revival and Monterey
Revival style theme, which incorporates architectural elements that will allow
the development to architecturally exist amongst the adjacent buildings thr:it
are located within the downtown area. The modification includes enhanced
paving and landscaping which will further enrichen the eclectic architectural
style.
Design Issue/ Principal 5: Heritage and Tradition. The approved Plaza
Banderas Hotel project reflects the history and tradition of San Juan
Capistrano. The modifications include enhanced paving and mature tree and
landscaping at the entry driveway located at Ortega Highway and in the porte
cochere which also includes a focal fountain that enhances the buildings
architectural style and sense of arrival.
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate enhanced paving which enhance the architectural
details of the project and provide an enhanced overall pedestrian experience.
The applicant also proposes to install landscaping along the perimeter of the
parking area and at the split driveway lanes at Ortega Highway, and along the
PC Resolution 18-09-25-02 8 September 25. 2018
perimeter of the parking lot which is consistent with the Architectural Design
Guidelines, Principle 1, which provide, "The physical environment should be
comfortable, friendly, accessible and approachable. Parking areas should be
designed to minimize the impact of automobiles on pedestrian circulation and
to be less visually intrusive."
Design Issue/ Principle 8: Linkages and Connections. The proposed
pedestrian circulation design allows for hotel users to access the downtown
via a pedestrian walkway from the hotel porte cochere to Ortega Highway.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian
access and circulation because the site development concept provides a
continuous access drive through the parking lot via the modified split driveway at
Ortega Highway. Pedestrian access to the hotel building from the parking lot is
also provided via sidewalk connections on the north side of the parking lot. All
surface parking is designed to include landscaping to visually buffer views from
Ortega Highway.
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 modified project design includes
enhanced pavers, mature trees and landscaping and the swimming pool location
is consistent with the approved 2010 Plaza Banderas Hotel project and as
identified in the FEIR. Furthermore, the landscape design provides buffering of
the parking lot from Ortega Highway.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approve Architectural Control
(AC) 18-024, subject to those conditions of approval established by Exhibit A attached
hereto and incorporated herein; and including those applicable conditions of approval
established in the Administrative Record, specifically City Council Resolution 10-10-05-
05, Architectural Control (AC) 10-002. ·
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby directs City staff to prepare and
file a Notice of Determination/Notice of Exemption with the County Clerk's Office for the
County of Orange within five working days of the adoption of this Resolution, identifying
the grounds upon which no further environmental review is required .
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.
PC Resolution 18-09-25-02 9 September 25. 2018
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions
of this Resolution are severable.
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
PASSED, APPROVED AND ADOPTED this 111h day of September, 2018.
Sergi otz, AICP, Assistant Development Services
Director/Secretary
Project#:
Project Name:
APPROVAL DATE:
PC RESOLUTION # 18-09-25-02
EXHIBIT A
CONDITIONS OF APPROVAL
Architectural Control (AC) 18-024
Inn at the Mission, formerly known as Plaza Banderas
Hotel
September 25, 2018
These conditions of approval apply to Architectural Control (AC) 18-024 to allow site plan
modifications to the location of an approved parking area, swimming pool and entry driveway,
located at 26871 & 2.6891 Ortega Highway (Assessor Parcel Number 124-170-12,14,15,16).
General Conditions:
A. Consistency with Approved Architectural Control Plans. The project shall be
constructed in accordance with all the approved plans and conditions of approval,
including but not limited to site plan. 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
Development Services Director.
B. Legal Defense. 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 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.
C. Consistency. 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.
D. Valet Service. If the hotel hosts more than one special event at the same time,
valet service with tandem parking shall be required to be implemented.
E. Highway Easement. In the event that the City needs to construct highway
improvements within the easement the applicant shall remove all applicable
parking spaces from the easement area at the applicant's sole expense. The
City's decision to activate the easement will trigger review under CEQA.