Resolution Number 94-2-15-6303
RESOLUTION NO. 94-2-15-6
MODIFYING PLANNING COMMISSION APPROVAL OF
ARCHITECTURAL CONTROL 73-M (MODIFICATION) (h4cDONALD'S)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S
NOVEMBER 9, 1993, APPROVAL OF ARCHITECTURAL CONTROL 73-1006
(MODIFICATION) AND APPROVING A REQUEST FOR A TREE REMOVAL
PERMIT FOR AN EXISTING FAST-FOOD RESTAURANT LOCATED AT 31822
DEL OBISPO STREET (McDONALD'S)
WHEREAS, the applicant, Ross Pollard, 32222 Camino Capistrano, San Juan Capistrano,
California, 92675, has submitted an application for an architectural control modification and tree removal permit
to allow a playground addition for an existing McDonald's restaurant located at 31822 Del Obispo Street; and,
WHEREAS, the Planning Director has determined in accordance with the provisions of the
California Environmental Quality Act (CEQA) that the proposed project is Categorically Exempt, Class 1,
because the project consists of minor alterations to an existing facility which does not result in an increase of
more than 50% of the floor area of the structure before the addition, or 2,500 square feet; and,
WHEREAS, on November 9,1993, the Planning Commission held a duly -noticed public meeting
and considered all public testimony and approved the project subject to conditions; and,
WHEREAS, on November 16,1993, the City Council appealed the project and on December 7,
1993, scheduled the Public Hearing for January 4, 1994, for its review and consideration; and,
' WHEREAS, on January 4, 1994, the City Council reviewed the proposal and continued the item
to February 1, 1994, to allow the applicant and staff to revise the plans to address concerns related to height of
the structure; and,
WHEREAS, on February 1, 1994, the City Council continued the item to February 15, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby find that:
ARCHITECTURAL CONTROL
1. Site Plan Compliance with the Municipal Code - The project complies with the
Municipal Code in that the parking standard for fast-food restaurants is one parking
space per each 60 square feet of dining area excluding kitchen, sculleries, storage, and
equipment areas. The restaurant area is 2,340 square feet and will add 488 square feet
of dining area to require 46 parking spaces and 48 spaces will be provided, including
two handicap spaces.
2. Compatibility - The proposed addition, as a use, is compatible with the surrounding
land uses because it is an accessory to a retail use and the surrounding uses are also
retail in nature.
3. General Plan Consistency - As a result of the applicant's modifications, such as: (a)
removing the obvious features such as the dome and junction box so that the
equipment has a flat top and only a minimal portion is above the fence; (b) planting
the ficus trees as well as install the vine pockets/planters to guarantee additional
landscape screening; and, (c) modifying the fence so that it will have a curved shape,
rather than uniform square form and so that it is higher in the middle and screens
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more of the structure, the project is consistent with the General Plan's Policy of
promoting high quality and unobtrusive projects.
4. General Site Considerations - The project's site considerations (including site layout,
open space and topography, location and orientation of buildings, circulation, parking,
setbacks, building heights, and massing) have been designed in a manner consistent
with the existing restaurant and provide a desirable environment for patrons in that the
addition preserves the three existing Eucalyptus trees and proposes four additional
Ficus trees. In addition, the modification to add the landscape planters/vine pockets
to be planted with Hedera Helix has also been designed in a manner to provide a
desirable environment for patrons in that it is widely planted as a climbing vine on
walls and fences and is described as being dependable, uniform, and neat and good for
holding soil.
5. Circulation - The site plan provides functional and adequate vehicular, pedestrian, and
bicycle circulation in that minimum walkways will be four to five feet wide and
vehicular circulation will be improved by eliminating four potential back-up conflicts
at the entry drive.
TREE REMOVAL
Removal of tree will not result in adverse visual impacts on surrounding properties and streets
or result in a decrease in visual buffering because the project proposes to install seven Ficus
trees, hedges, annual flowers, and vines, thereby resulting in a net increase in on-site
landscaping.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does
hereby modify the Planning Commission's November 9, 1993, approval of Architectural Control 73-1006
(Modification) and approve a request for a tree removal permit subject to the following conditions:
1994.
ATTEST:
CITY CLERK
1. Prior to the issuance of a building permit, the applicant shall submit final plans to the
Planning Director for review and approval which show the following:
a. Root barriers for all seven Ficus Benjamin trees.
b. Play equipment not exceeding 9'6" in height with the visible portion in beige
and brown tones.
C. Fencing shall be revised to show horizontal crossbars for holding the vines.
d. Perimeter Ficus treees shall have a minimum five-foot spacing.
2. Said trees shall be maintained minimally so as to retain a natural form.
PASSED, APPROVED, AND ADOPTED this ISth dayof Fahrtiar
,GOLLENE AMPBE L, MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-2-15-6
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 15th day of February , 1994, by the following vote:
AYES: Council Members Jones, hausdorfer, Vasquez
and Mayor Campbell
NOES: Council Member Nash
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO S , CITY CLERK
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