PC Resolution-21-07-14-04PC RESOLUTION NO. 21-07-14-04
ARCHITECTURAL CONTROL (AC) 21-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 21-
003 FOR A NEW 4,928 SQUARE FOOT MANUFACTURED BARN CONSISTING OF A
2,592 SQUARE FOOT FIRST FLOOR AND 2,336 SQUARE FOOT SECOND FLOOR
WITH A HEIGHT OF 27'-5" AT ZOOMARS, LOCATED AT 31791 LOS RIOS STREET
(ASSESSOR PARCEL NUMBERS 121-160-17 & 20) (APPLICANT: DOUGLAS D.
DUMHART, 3-D ADVISORS, LLC).
Whereas, Douglas D. Dumhart, 3-D Advisors, LLC, 18 Kingfisher Court,
Coto De Caza, CA 92679 (the "Applicant"), has requested approval of Architectural
Control (AC) 21-003 to allow the development of a 4,928 square foot manufactured barn
consisting of a 2,592 square foot first floor and 2,336 square foot second floor with a
height of 27'-5" at Zoomars, located at 31791 Los Rios Street, which is General Plan-
designated Specific Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise
Plan (SP/PP) on the Official Zoning Map and regulated by the Los Rios Specific Plan (SP
78-01) (the "Los Rios Specific Plan" and the project, the "Project"); and,
Whereas, Zoomars, LLC, located at 31791 Los Rios Street, San Juan
Capistrano, CA 92675, is the owner of real property located at Assessor's Parcel
Numbers 121-160-17 & 20; and,
Whereas, on June 1, 2021, the City Council approved the initiation of and
directed staff to conduct an appropriate study of an amendment to the Los Rios Specific
Plan (Code Amendment 21-003); and ,
Whereas, as the Project is currently proposed, the Applicant seeks approval
to amend the Los Rios Specific Plan to modify certain development standards, and staff
is proposing a clean-up amendment; and,
Whereas, the proposed Project is being processed pursuant to Section 9-
2.301, Development Review, of the Land Use Code; and,
Whereas, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, the Design Review Committee (DRC) reviewed the Project
development plans on June 10, 2021 and forwarded a recommendation of approval to
the Planning Commission with three recommendations: (1) Change the roof material to a
composition shingle roof, (2) add a condition of approval that requires the Applicant to
submit a landscape/hardscape plan for DRC review, and (3) change the roof design over
the north doors to a shed roof; and,
PC Resolution 21-07-14-04 2 July 14, 2021
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 14, 2021, 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 has considered
all relevant public comments.
Whereas, in accordance with CEQA, the recommended action is exempt
from CEQA per State CEQA Guidelines Section 15303, Class 3(a), "New Construction or
Conversion of Small Structures" and Section 15305, Class 5, "Minor Alterations in Land
Use Limitations". A Notice of Exemption (NOE) will be posted should the Project receive
final approval; and,
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, Architectural Control, of Title 9, Land Use Code of the
City of San Juan Capistrano:
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 Project complies with the
required setbacks and minimum open area standard provided in the Los Rios
Specific Plan. Furthermore, the Project plans will comply with the proposed
maximum height of 30 feet. The design and architectural style of the barn were
reviewed by the City's Design Review Committee on June 10, 2021. Furthermore,
the proposed Project maintains consistency with and implements the Purpose and
Intent of the Historic Commercial District: "To provide for low intensity commercial
uses that reinforce the rural and historic character of the Los Rios area." The
proposed Project complies with the following Specific Plan Architectural Design
Guidelines:
• Preserve the integrity of the Los Rios National Register Historic District.
• Preserve the physical elements, including structures and landscaping, and
character of the Specific Plan District, while allowing them to adapt and
accommodate new uses.
• Protect and enhance the rural atmosphere of the Specific Plan District that
has prevailed in the midst of rapid surrounding urbanization.
• New Construction (Other than Commercial Core): New construction (structures or
additions) shall be architecturally compatible, in terms of design, mass, and
materials, with existing historically significant structures within the National
Register Historic District. The City encourages wood-frame structures with
authentic details and finishes.
Furthermore, the project is consistent with the following Design Goals and Policies:
• Design Goal #3. The City will assure that new development is architecturally
compatible with existing historically, significant structures.
• Design Policy #2. The City will expect the architectural style of new buildings and
additions to existing buildings to be consistent with existing styles including but not
PC Resolution 21-07-14-04 3 July 14, 2021
limited to Monterey, Adobe, Craftsman bungalow, Victorian, and California
vernacular board-and-batten.
• Design Policy #3. The City will assure that new buildings and additions to existing
buildings are compatible in terms of mass, form, scale, color, materials, textures
and architectural style, with existing historically significant buildings.
2. The proposed use and design of the Project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element
because 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;"
The proposed Project includes the use of high-quality construction materials
that include stained wood, hand-built cedar cupolas and a composition
wood cedar shake, "Weathered" color. The materials are selected and
designed to complement the agrarian architectural theme on the property.
Thus, the Project is designed at a human scale and the only historic
resource (River Street) located directly adjacent to the Project area will be
enhanced, and the proposed barn will not dwarf any existing or adjacent
uses.
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's
traditional, historic character through site design, architecture, and
landscaping."
Acknowledging San Juan Capistrano's rich agrarian history, the proposed
barn will be constructed with high-quality materials that include stained
wood, hand-built cedar cupolas and a composition wood cedar shake,
"Weathered" color; and the design of the building complements the history
and tradition of San Juan Capistrano because the barn is reminiscent of the
area's agrarian history and architecture.
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 Los Rios Specific Plan design
standards, which are in conformance with the City's Architectural Design Guidelines.
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 barn is located on the western portion of the
site and oriented north to south with the main entrance on the south side. The barn
has been designed with an agrarian architectural style that balances height and
PC Resolution 21-07-14-04 4 July 14. 2021
massing and complies with the required setbacks and minimum open area
standard . Furthermore, the colors and materials are compatible with the
surrounding district which includes tan ~olors that is specifically consistent with
agrarian architecture.
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 is designed in an
Agrarian architectural style and the use of wood and tan building colors and design
details reminiscent of agrarian architecture. 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 proposed
barn is designed with a height of 27'-5" and with an overall Cupola
height of 30'-9". The plan includes a deck off located on the south side
of the barn and four dormers and three hand-built cedar cupolas.
Design Issue/ Principal 5: Heritage and Trad ition. The proposed Project
reflects the history and tradition of San Juan Capistrano. The agrarian
architectural style complies with the Los Rios Specific Plan which
contains development standards and design guidelines that reinforce
specific site planning, architectural design, and landscape design.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because pedestrian and vehicular access to the barn will be
provided via River Street at Paseo Adelanto. Furthermore, the perimeter of the
barn will feature decomposed granite and will be accessible to guests and
employees.
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 proposed barn has been designed with an agrarian
architectural style that balances height and massing. Furthermore, the colors and
materials are compatible with the surrounding Historic Los Rios District and San
Juan Capistrano which includes tan colors that are specifically consistent with
agrarian architecture. Furthermore, Architectural Control (AC) 21-013 has been
reviewed and determined to be consistent with the requirements set forth in the Los
Rios Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 21-013, subject to those conditions of approval that are applicable to these
entitlements as established by Exhibit A of this resolution, including the provision that this
approval is contingent upon the City Council's approval of Code Amendment (CA) 21-
003, and that if CA 21-003 is denied by the City Council, this Resolution and these
PC Resolution 21-07-14-04 5 July 14, 2021
approvals shall be deemed null and void.
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.
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 14th day of July 2021.
Harr, son Taylor, C
Sergi~CP, Assistant
Services Director/Secretary
Development
EXHIBIT A
CONDITIONS OF APPROVAL
PROJECT NUMBERS: ARCHITECTURAL CONTROL (AC) 21-013
CODE AMENDMENT (CA) 21-003
PROJECT NAME: Zoomars Barn
APPROVAL DATE: July 14, 2021
EXPIRATION DATE: July 14, 2023
These conditions of approval apply to Architectural Control (AC) 21-013 and Code
Amendment (CA) 21-003, a proposal from the property owner 31791 Los Rios Street,
LLC, to construct a 4,928 square foot manufactured barn consisting of a 2,592 square
foot first floor and 2,336 square foot second floor with a height of 27'-5" located at
31791 Los Rios Street.
General Conditions:
1. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
2. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
3. 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.
4. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
5. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
Architectural Control (AC) 21-003
Conditions of Approval 2 Julv 14, 2021
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.
6. The use shall meet the standards and shall be developed within the limits
established by the San Juan Capistrano Municipal Code as related to
emissions of noise, odor, dust, vibration, wastes, fumes , or any public
nuisances arising or occurring incidental to the establishment or operation.
7. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
8. The applicant shall secure all required permits through the Development
Services Department Building Division.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building Division prior to issuance of any
permits, final inspections, utility releases and/or release of securities, as
specified in these conditions.
10. All temporary fences shall be installed and maintained per the approved
site plan. Any changes to the site plan will not be permitted in the future
without review and approval by the City.
11. The applicant shall maintain all portions of the site, including undeveloped
areas, pursuant to Municipal Code requirements under Title 5 and 6 for
property maintenance.
12. The applicant shall ensure that noise levels do not exceed standards
established by the San Juan Capistrano Municipal Code Section 9-3.531.
13. Construction hours shall be in compliance with San Juan Capistrano
Municipal Code Section 8-2.04 7:00 a.m. to 6:00 p.m., Monday through
Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction
activity is prohibited on Sundays or any Federal holidays.
14. The applicant shall not amend, modify or deviate from the approved
development plans without receiving approval by the City.
15. Prior to the final inspection by the Building Inspector, the applicant shall
contact the Planning Division to schedule an inspection of all work outlined
in the scope of work under this approval (OS).
16. Prior to submittal of building permit plans, revise the plans to show all
water and sewer lines and connections to the street (UD).
Architectural Control (AC) 21-003
Conditions of Approval 3 July 14, 2021
17. Prior to submittal of building permit plans, revise the plans to show the
FEMA Base Flood Elevation (PW).
18. Prior to submittal of building permit plans, revise the plans to show the
Occupancy Type (OCFA).
19. Secure OCFA approvals prior to building permit issuance. For related
OCFA requirements, contact Rich Swanson at (714) 573-6123 or by e-
mail at richswanson@ocfa.org (OCFA).
20. Prior to the issuance of a building permit, the landscape plan shall be
submitted to the Development Services Department for review and
approval by the City's Design Review Committee (OS).
Applicant Acceptance of Conditions of Approval:
By:
Signature
By:
Applicant Name (print name) Date
Its:
Title