PC Resolution-22-01-12-01PC RESOLUTION NO. 22-01-12-01
ARCHITECTURAL CONTROL (AC) 20-012
CONDITIONAL USE PERMIT (CUP) 20-003
DISCRETIONARY USE PERMIT (DUP) 20-001
GRADING PLAN MODIFICATION (GPM) 21-002
SIGN PROGRAM (SP) 20-024
TREE REMOVAL PERMIT (TRP) 20-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL DENIAL OF
ARCHITECTURAL CONTROL (AC) 20-012, CONDITIONAL USE PERMIT (CUP) 20-
003, DISCRETIONARY USE PERMIT (DUP) 20-001, GRADING PLAN
MODIFICATION (GPM) 21-002, SIGN PROGRAM (SP) 20-024, AND TREE
REMOVAL PERMIT (TRP) 20-021 FOR AN IN-N-OUT BURGER RESTAURANT WITH
DRIVE-THROUGH AND RELATED SITE IMPROVEMENTS, INCLUDING SITE
GRADING WITH RETAINING WALLS AND PROJECT RELATED SIGNAGE,
LOCATED ON TWO ADJOINING PARCELS TOTALING APPROXIMATELY 1.8
ACRES AT 31791 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 124-
160-60 & 668-242-12) (APPLICANT: CASSIE RUIZ, IN-N-OUT BURGERS, INC.).
Whereas, Cassie Ruiz of ln-N-Out Burgers, Inc., 13502 Hamburger Lane,
Baldwin Park, CA 91706 (the "Applicant"), has requested approval of Architectural
Control (AC) 20-012, Conditional Use Permit (CUP) 20-003, Discretionary Use Permit
(DUP) 20-001, Grading Plan Modification (GPM) 21-002, Sign Program (SP) 20-024,
and Tree Removal Permit (TRP) 20-021 for an ln-N-Out Burger Restaurant with Drive-
Through, including a request to demolish an existing 11,292 sq. ft. building and
construct a new 3,879 sq. ft. building, and related site improvements, including site
grading involving 7,300 cubic yards of total base cut and 7,300 cubic yards of total
compacted fill and project related signage, located on two adjoining parcels totaling
approximately 1.8 acres at 31791 Del Obispo Street (Assessor Parcel Numbers 124-
160-60 & 668-242-12) (the "Project"). The two parcels that comprise the Project site
have a Zoning designation of Town Center Edge (TCE) District and a General Plan
Land Use Designation of General Commercial; and,
Whereas, Stroscher Investments LLC, 32101 Cook Lane, San Juan
Capistrano, CA 92675, are the owners of the real property located at Assessor Parcel
Numbers 124-160-60 and 668-242-12; and,
Whereas, the City's Environmental Administrator has determined that the
Project is categorically exempt from further review under the California Environmental
Quality Act Guidelines 14 California Code of Regulations Section 15332, In-Fill
Development Projects (Class 32). The entire Project is exempt per Section 15332
because the Project meets the required conditions for Class 32. The Project is
consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designations and regulations; the Project is
consistent with the San Juan Capistrano General Plan and Title 9 of the San Juan
PC Resolution 22-01-12-01 2 January 12, 2022
Capistrano Municipal Code ("Municipal Code"), Land Use. The project occurs within city
limits on a project site of no more than five acres substantially surrounded by urban
uses. The Project is located at 31791 Del Obispo Street in the City of San Juan
Capistrano, consists of 1.8 acres, and is surrounded by Town Center (commercial),
Town Center Edge (commercial), and General Commercial (commercial) to the north,
south, and east, respectively, and Commercial Park (public) to the west. The project site
has no value, as a habitat for endangered, rare, or threatened species; the Project site
has already been developed and currently has a restaurant and parking lot on the
parcels and therefore is not a habitat for endangered, rare, or threatened species.
Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality; analysis has been conducted to ensure the Project does not
result in any significant effects relating to traffic, noise, air quality, and water quality,
including the following: a Traffic Impact Analysis (TIA) accepted by the City Traffic
Engineer (Attachment 5), a Noise and Vibration Analysis (Attachment 8), an Air
Quality/Greenhouse Gas Emissions Analysis (Attachment 9), and the Preliminary Water
Quality Management Plan approved by the Public Works Department (Attachment 10).
The site can be adequately served by all required utilities and public services; the
Project site is currently serviced by all required utilities, including but not limited to
electricity, gas, garbage, water, and sewer and therefore would remain adequately
serviced. Based on the performed studies and the conclusions, there is no reasonable
possibility that the Project would have a significant effect on the environment due to
unusual circumstances and no substantial adverse change in the significance of a
historic resource would be caused. If the Project receives final approval, a Notice of
Exemption would be filed with the County Recorder's Office within 5 days of such
approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on December 8, 2021 pursuant to Municipal Code Section 9-2.302 and
continued the December 8, 2021 public hearing to January 12, 2022. The Planning
Commission has considered all public testimony on the proposed Project and all
relevant public comments and all documents and evidence submitted, including but not
limited to the staff report and attachments, and materials submitted by the Applicant;
and,
Whereas, as a procedural matter, the Planning Commission would
normally be the reviewing body and take final action on the Architectural Control,
Conditional Use Permit, Grading Plan Modification, Sign Program, and Tree Removal
Permit applications. However, since Municipal Code Section 9-2.318 (c)(4) requires the
Planning Commission to provide a recommendation for final action on the Discretionary
Use Permit to the City Council, staff is presenting all the requested entitlements
together as a single package for Planning Commission review and recommendation for
approval by the City Council, in accordance with Municipal Code Section 9-2.301 U)(1)
PC Resolution 22-01-12-01 3 January 12, 2022
which authorizes referral of a request for a land use decision to the reviewing authority
designated as the appeal body for that type of land use application; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make all of the findings pursuant to Municipal Code
Section 9-2.313(c) of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Architectural Control (AC) 20-012 for the site plan, the building's architectural
design, and site landscape under Municipal Code Section 9-2.313(a)(1 ):
1. The proposed use and design of the Project complies with all
applicable provisions of Title 9 of the San Juan Municipal Code
because a restaurant with a drive-through lane is allowed subject to
the approval of a Conditional Use Permit and Discretionary Use
Permit in the Town Center Edge zoning district. Additionally, the
proposed use is to be located within an existing commercial site
previously developed with a commercial building that is consistent
with the intended land uses within the Town Center Edge zoning
district. The design of the Project conforms with applicable
architectural design standards and is consistent with the "Terrace
Frontage" type as described within Municipal Code Section 9-3.554
(Attachment 6). The proposed architectural design is appropriate
for the use and setting because it is consistent with the Spanish
Revival architecture that is found within and around the Historic
Town Center. The various architectural elements of the Project,
including the color palette and materials, such as the mission tile
roof, horizontal massing, columns, archways, domes, and stucco
walls, are homogenous and of high quality. The use of smooth
stucco walls, white colors, deeply set windows and doors, arcades,
and red mission tile roofing, consisting of high-quality materials and
complementary colors, creates a richness of detail and architecture.
The north elevation, which includes the primary entrance, includes
vertical and horizontal offsets, a domed tower, exterior smooth
building finishes, eight aluminum framed storefront windows, a
loggia provided with a curved archway and an arcade with Spanish
tile shed roof, and a wall sign that is recessed into the wall over the
primary entrance to the restaurant. The scale, proportion, and
character of the Project would complement surrounding
development. Furthermore, the accessory structures (drive-through
canopy, covered patio structure, and trash enclosure) are provided
with similar design elements that result in a compatible design with
the primary structure. Lastly, the Project is consistent with all
development standards including but not limited to setbacks,
PC Resolution 22-01-12-01 4 January 12, 2022
heights, and floor area ratio. There is no applicable specific plan or
comprehensive development plan for this property.
2. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: 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.
3. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: 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.
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 would be
consistent with the following Architectural Design Guidelines design
principles and polices 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 is enhanced with the expanded
pedestrian walkway connection between Historic Town Center
and the Project site. Further, the proposed Project is designed
to human scale with the proposed lighting, landscaping,
signage, and outdoor dining area located within the rear of the
proposed building.
• Design Issue/Principle 2: Eclectic Building Stvles. The proposed
building consists of a Spanish Mission Revival style, which
incorporates architectural elements that are compatible with
adjacent buildings that are located within the area. The
proposed architectural design is appropriate for the use and
setting because it is consistent with the Spanish Revival
architecture that is found within and around the Historic Town
Center and would further enrich the collection of eclectic
architectural styles located in and around the Historic Town
Center.
• Design Issue/Principle 3: Authenticitv. The proposed
architectural design is well-executed and is consistently carried
out from the overall building form to fine detail.
• Design Issue/Principle 4: Dialogue with Surroundings. The siting
and design of the building considered the surroundings,
including the adjacent Blas Aguilar Adobe, a structure identified
on the City's Inventory of Historic and Cultural Landmarks and
the National Register of Historic Places, located at 31806 El
PC Resolution 22-01-12-01 5 January 12. 2022
Camino Real. A Historic Resource Project Review was
conducted (Attachment 7), which concluded that the size, scale,
and siting of the Proposed Project would be physically
compatible with the Blas Aguilar Adobe and the proposed
architectural design of the Project would be aesthetically
compatible with the Blas Aguilar Adobe. Due to the setback of
the Project and the existing tall trees located adjacent to the
Blas Aguilar Adobe, there would be no significant impact on and
no substantial adverse change in the significance of the Blas
Aguilar Adobe, as concluded by the Historic Resource Project
Review.
• Design Issue/Principal 5: Heritage and Tradition. The proposed
building reflects the history and tradition of San Juan
Capistrano. The building has a design that is reminiscent of the
City's architectural history.
• Design Issue/Principal 6: Richness of Details and Materials. The
proposed architectural style is Spanish Mission Revival which
complies with and complements the traditional and historic
character of the City of San Juan Capistrano which consists of a
mix of styles including Mediterranean, Spanish Colonial,
Monterey, Mission Revival, Rural Agrarian, Modern, Western,
and Early California. The color palette and mission tile roof,
horizontal massing, columns, archways, domes, stucco walls,
deeply set windows and doors, arcades, and flat roofs are
consistent with the Spanish Mission Revival signature palette
and also provide a richness of detail and material.
• Design Issue/Principal 7: Relationship to Natural Settings. The
siting and design of the building is such that is does not impact
any views, vistas, community landmarks, or cultural features.
The Project has considered its interaction with the surroundings,
including the adjacent Blas Aguilar Adobe, a structure identified
on the City's Inventory of Historic and Cultural Landmarks and
the National Register of Historic Places, located at 31806 El
Camino Real. A Historic Resource Project Review was
conducted (Attachment 7), which concluded that the size, scale,
and siting of the Proposed Project would be physically
compatible with the Blas Aguilar Adobe and the proposed
architectural design of the Project would be aesthetically
compatible with the Blas Aguilar Adobe. Due to the setback of
the Project and the existing tall trees located adjacent to the
Blas Aguilar Adobe, there would be no significant impact on and
no substantial adverse change in the significance of the Blas
Aguilar Adobe, as concluded by the Historic Resource Project
Review.
• Design Issue/Principal 8: Linkages and Connections. The
Project proposes to maintain an existing linkage that connects
the Project site with Historic Town Center Park. Not only would
PC Resolution 22-01-12-01 6 January 12, 2022
the linkage be maintained, the Applicant would be providing a
new 4' wide walkway from the existing link into the Project site
to provide defined and functional pedestrian circulation.
• Design Issue/Principal 9: Incremental Growth. The Project
proposes to demolish an existing 11,292 sq. ft. building and
construct a new 3,879 sq. ft. ln-N-Out Burger Restaurant with a
Drive-Through.
• Policy 4. C. 5. Vehicular Access/Circulation/Parking. The
proposed redesign of the site will result in a new circulation
pattern that provides for safe vehicular turn movements and
stacking and defined and functional pedestrian and vehicular
circulation, as concluded by the Traffic Impact Analysis
(Attachment 5).
• Policy 4. C. 10 Utility and Mechanical Eauioment. Careful
consideration was given regarding the placement of rooftop
mechanical equipment to ensure that they would be completely
screened from view.
• Policy 4. C. 11 Refuse and Storage Areas. The proposed trash
enclosure would be located in the parking lot area north of the
outdoor dining area. Its location would allow for easy
accessibility for trash collection and would not impede general
site circulation patterns during loading operations. The
enclosure would be provided with a flat roof, stucco walls, and
swinging metal gates, all painted to match the building. One
double gate and one single gate would provide access to the
bins on the north elevation. The east elevation would be
provided with one double gate and one single gate. The trash
enclosure would have a compatible design with that of the
primary building.
• Policy 4.C.14 Lighting. The proposed lighting within the parking
lot would avoid direct glare onto adjoining properties, streets,
and skyward. Furthermore, the design of the light fixtures and
their structural supports are architecturally compatible with the
theme of the development.
• Policy 4. 0 . 1 Architectural Imagery. The Spanish Mission Revival
architectural style was designed with consideration of the City's
Early California Heritage and conveys a sense of authenticity.
• Policy 4.D.2 Building Facade and Roof Articulation. The street-
facing east elevation consists of vertical and horizontal offsets
(towers, parapet walls, arcades, etc.) which minimizes building
bulk and includes two domed towers and an exterior building
finish which would include smooth white stucco walls. The north
elevation includes the aforementioned vertical and horizontal
offsets, domed tower, and exterior smooth building finishes.
This elevation also includes the primary entrance into the
restaurant, eight aluminum framed storefront windows, and a
loggia provided with a curved archway, an arcade with Spanish
PC Resolution 22-01-12-01 7 January 12. 2022
tile shed roof, and a wall sign that is recessed into the wall over
the primary entrance to the restaurant. It should be noted that
careful consideration was given regarding the placement of
rooftop mechanical equipment to ensure that they would be
completely screened from view by the various heights of the
parapet walls.
• Policy 4.0.4 Building Materials and Colors. The Project
proposes building materials and colors, such as smooth white
stucco and mission tile roofing, that complement the overall
design theme and surrounding development.
• Policy 4.E.1 Landscape Guidelines. The Project landscaping
would incorporate California Friendly and California Native plant
species, with a majority of the proposed plants considered 'Low'
water use plants. The landscape design would contribute
towards achieving an overall cohesive appearance and
compatibility to its surroundings.
5. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: the site plan provides
functional and safe vehicular, bicycle, and pedestrian access and
circulation.
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 is located on a site that is surrounded by Town Center
(commercial), Town Center Edge (commercial), and General
Commercial (commercial) to the north, south, and east,
respectively, and Commercial Park (public) to the west and the
Project consists of a proposed commercial building that would
incorporate design features, including Spanish Revival architecture
that is found within and around the Historic Town Center, and
landscaping features, including California Friendly and California
Native plant species, which are complementary to the historic
Spanish architecture of the area. The Project is therefore
compatible with the surrounding uses and improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make all of the findings pursuant to Municipal Code
Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Conditional Use Permit (CUP) 20-003 to establish the drive-through use
under Municipal Code Section 9-3.303(b )(2):
1. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The proposed use
PC Resolution 22-01-12-01 8 January 12. 2022
and design are consistent with the maps and policies of the
General Plan.
2. The proposed use and design are consistent with the purpose,
intent, and standards of the Land Use Code because a restaurant
with a drive-through lane is allowed subject to the approval of a
Conditional Use Permit and Discretionary Use Permit in the Town
Center Edge zoning district. Additionally, the proposed use is to be
located within an existing commercial site previously developed
with a commercial building that is consistent with the intended land
uses within the Town Center Edge zoning district. The design of the
Project conforms with applicable architectural design standards and
is consistent with the "Terrace Frontage" type as described within
Municipal Code Section 9-3.554 (Attachment 6). The proposed
architectural design is appropriate for the use and setting because
it is consistent with the Spanish Revival architecture that is found
within and around the Historic Town Center. The various
architectural elements of the Project~ including the color palette and
materials, such as the mission tile roof, horizontal massing,
columns, archways, domes, and stucco walls, are homogenous and
of high quality. The use of smooth stucco walls, white colors,
deeply set windows and doors, arcades, and red mission tile
roofing, consisting of high-quality materials and complementary
colors, creates a richness of detail and architecture. The north
elevation, which includes the primary entrance, includes vertical
and horizontal offsets, a domed tower, exterior smooth building
finishes, eight aluminum framed storefront windows, a loggia
provided with a curved archway and an arcade with Spanish tile
shed roof, and a wall sign that is recessed into the wall over the
primary entrance into the restaurant. The scale, proportion, and
character of the Project would complement surrounding
development. Furthermore, the accessory structures (drive-through
canopy, covered patio structure, and trash enclosure) are provided
with similar design elements that result in a compatible design with
the primary structure. Lastly, the Project is consistent with all
development standards including but not limited to setbacks,
heights, and floor area ratio. There is no applicable specific plan or
comprehensive development plan for this property.
3. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The site for the
proposed use is adequate in size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and
loading areas, fire and building code considerations, trash and
recycling enclosures, and other features pertaining to the
application.
PC Resolution 22-01-12-01 9 January 12. 2022
4. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The proposed use
and the ongoing operation of the use are compatible with abutting
properties and the permitted uses thereof, and will not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other
disturbances, nuisances, or hazards.
5. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The site for the
proposed use has adequate access and parking to support the use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make all of the findings pursuant to Municipal Code
Section 9-2.318 of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Discretionary Use Permit (DUP) 20-001 to establish the drive-through use
under Municipal Code Section 9-3.512(c)(2):
1. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The proposed use
and design are consistent with the maps and policies of the
General Plan.
2. The proposed use and design are consistent with the purpose,
intent, and standards of the Land Use Code because a restaurant
with a drive-through lane is allowed subject to the approval of a
Conditional Use Permit and Discretionary Use Permit in the Town
Center Edge zoning district. Additionally, the proposed use is to be
located within an existing commercial site previously developed
with a commercial building that is consistent with the intended land
uses within the Town Center Edge zoning district. The design of the
Project conforms with applicable architectural design standards and
is consistent with the "Terrace Frontage" type as described within
Municipal Code Section 9-3.554 (Attachment 6). The proposed
architectural design is appropriate for the use and setting because
it is consistent with the Spanish Revival architecture that is found
within and around the Historic Town Center. The various
architectural elements of the Project, including the color palette and
materials, such as the mission tile roof, horizontal massing,
columns, archways, domes, and stucco walls, are homogenous and
of high quality. The use of smooth stucco walls, white colors,
deeply set windows and doors, arcades, and red mission tile
roofing, consisting of high-quality materials and complementary
colors, creates a richness of detail and architecture. The north
elevation, which includes the primary entrance, includes vertical
and horizontal offsets, a domed tower, exterior smooth building
finishes, eight aluminum framed storefront windows, a loggia
PC Resolution 22-01-12-01 10 January 12, 2022
provided with a curved archway and an arcade with Spanish tile
shed roof, and a wall sign that is recessed into the wall over the
primary entrance into the restaurant. The scale, proportion, and
character of the Project would complement surrounding
development. Furthermore, the accessory structures (drive-through
canopy, covered patio structure, and trash enclosure) are provided
with similar design elements that result in a compatible design with
the primary structure. Lastly, the Project is consistent with all
development standards including but not limited to setbacks,
heights, and floor area ratio. There is no applicable specific plan or
comprehensive development plan for this property.
3. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The site for the
proposed use is adequate in size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and
loading areas, fire and building code considerations, trash and
recycling enclosures, and other features pertaining to the
application.
4. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The proposed use
and the ongoing operation of the use are compatible with abutting
properties and the permitted uses thereof, and will not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other
disturbances, nuisances, or hazards.
5. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The site for the
proposed use has adequate access and parking to support the use.
6. The proposed use provides sufficient economic value and
convenience to the community to justify approval of a discretionary
use permit such as community investment, job creation, increase in
sales taxes collected, or increase in customer convenience
because ln-N-Out is a well-known quick-service restaurant that
operates as a family-owned estabrishment; ln-N-Out restaurants
are highly successful and would generate an increase in sales
taxes for the City. Additionally, the use would create local jobs as
the proposed restaurant would employ more than 50 individuals.
Lastly, the proposed use provides a convenience to the local
community by offering the ability to obtain quick-service food via a
dine-in option or as a drive-through customer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make all of the findings pursuant to Municipal Code
PC Resolution 22-01-12-01 11 January 12, 2022
Section 9.2.323 of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Grading Plan Modification (GPM) 21-002 for onsite grading under Municipal
Code Section 9-2.323(f):
1. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: 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.
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 the site is already
developed lot with an existing 11,292 sq. ft. commercial building
and would be graded, to the extent possible, to accommodate edge
conditions with existing uses, thereby minimizing impact to adjacent
properties.
3. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The proposed
grading will remain consistent and compatible with immediately-
adjacent 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.
4. The proposed modified grading plan shows the location of
proposed building footprints which would meet all required
minimum setbacks for buildings as defined in the Town Center
Edge Zoning District and the general design standards, including
minimum setbacks from the tops and toes of slopes, contained
within Section 9-4.513, Graded Slopes.
5. The Commission finds that the following required finding cannot be
made based upon the evidence in the record: 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.
PC Resolution 22-01 -12-01 12 January 12 , 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make all of the findings pursuant to Municipal Code
Section 9-2.343(c)(3) of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Sign Program (SP) 20-024 for signage under Municipal Code Sections 9-
2.343 and 9-3.543(f):
1 . The Commission finds that the following required finding cannot be
made based upon the evidence in the record: The sign program is
consistent with the General Plan and Design Guidelines, and is
complementary to the architecture and design of the development
project.
2. The sign program conforms to all applicable requirements of this
Code because the proposed signs do not exceed the total signage
allowed by the Municipal Code and because the sign design is
architecturally compatible with the proposed building. The sign
program consists of a visually pleasing method of providing
compatible and complementary signs throughout the site to
minimize visual clutter and to unify the appearance of the site to
create a distinctive sense of place. There is no applicable specific
plan or comprehensive development plan for this property.
3. The sign program is generally compatible with the design character
of adjacent properties and/or rights-of-way because the signs in the
sign program would not impact the right of way, due to their
placement, and would not create light or glare impacts to the
adjacent properties as the internally illuminated signage would
comply with the city's illumination standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
denial based upon the inability to make any of the findings pursuant Municipal Code
Section 9-2.349(e) of Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Tree Removal Permit (TRP) 20-021 for the removal of non-heritage trees
under Municipal Code Section 9-2.349(c):
1. The Commission finds that the following finding cannot be made
based upon the evidence in the record: The tree proposed for
removal is unsuitable to the planting area in that the area is too
small to accommodate height, diameter of trunk or canopy, or root
zone of the tree, or excessive trees exist on the site requiring
thinning to maintain tree health.
2. The Commission finds that the following finding cannot be made
based upon the evidence in the record: The tree is an unsuitable
variety for the site in that the species is not a native variety, is not in
PC Resolution 22-01-12-01 13 January 12. 2022
keeping with the community character of San Juan Capistrano, is of
an invasive species, or otherwise conflicts with the intent of this
ordinance.
3. The Commission finds that the following finding cannot be made
based upon the evidence in the record: Removal of the tree will not
have an adverse impact on adjacent properties or the general
welfare in that its removal will not adversely impact views, public
streetscapes, or other aesthetic considerations.
4. The Commission finds that the following finding cannot be made
based upon the evidence in the record: Where appropriate,
replacement trees have been proposed to maintain the urban forest
canopy and the replacement trees are more appropriate to the site
and the planting area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council denial
of Architectural Control (AC) 20-012, Conditional Use Permit (CUP) 20-003,
Discretionary Use Permit (DUP) 20-001, Grading Plan Modification (GPM) 21-002, Sign
Program (SP) 20-024, and Tree Removal Permit (TRP) 20-021.
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 records for 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.
PASSED, APPROVED A __.._----...th day of January, 2022.