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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.