PC Resolution-13-09-24-01PC RESOLUTION NO. 13-09-24-01
ARCHITECTURAL CONTROL 13-016 AND SIGN PERMIT 13-016
DEL TACO EXTERIOR REMODEL
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONDITIONALLY APPROVING THE BUILDING -MOUNTED SCONCE
LIGHTING OF ARCHITECTURAL CONTROL 13-016, THE BUILDING -MOUNTED
SIGNAGE OF SIGN PERMIT 13016, AND A NOTICE OF EXEMPTION FOR AN
EXISTING RESTAURANT LOCATED AT 31780 DEL OBISPO ST GENERALLY
LOCATED 300 FEET SOUTH OF ORTEGA HIGHWAY (APN 668-241-27)
WHEREAS, Mark Raber, with Del Taco, LLC, representing property owner
Swartz Family Trust has requested approval to remodel the exterior of the existing 2,030
square foot Del Taco Restaurant to include modified building color palette, building -
mounted lighting fixtures, graphic panels with gooseneck illumination on the north and
south elevations, relocate one existing building -mounted sign from the east elevation to the
north elevation, and install a new east elevation building -mounted sign.
WHEREAS, The subject property is located at 31780 Del Obispo St, on the
east side of Del Obispo, south of Ortega Highway in the General Commercial zone district
(APN 668-241-27); and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review Procedures of the Land Use Code; and,
WHEREAS, this project has been evaluated by the Environmental
Administrator in accordance with Section 21080(c) of the California Environmental Quality
Act (CEQA) Guidelines and has been determined to be categorically exempt pursuant to
Section 15301, Existing Facilities; and,
WHEREAS, the Design Review Committee (DRC) conducted a work session
on June 6, 2013 and the project has been amended to reflect their recommendations; and
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on September 24, 2013, pursuant to Section 9-2.313 Architectural Control Review
of the Municipal Code to consider public testimony on the proposed project; and,
WHEREAS, the Planning Commission has considered public testimony and
the Environmental Administrator's determination pursuant to Section 15074 of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission formed an ad hoc committee to further
review the building color palette and the landscaping for AC13-016 and continued the
review of these items to the October 22, 2013 Planning Commission meeting.
PC Resolution 13-09-24-01 2 September 24 2013
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The use and proposed building -mounted signage and building -mounted sconce
lighting of the project comply with all applicable provisions of Title 9 of the San .Juan
Capistrano Municipal Code. The project is a permitted use in the General
Commercial zone district and complies with all development standards set forth in
Municipal Code Section 9-3.303, Commercial Districts. The subject property is not
within a specific plan or comprehensive development plan; and,
2. The use and proposed }wilding -mounted signage and building -mounted sconce
lighting of the project is consistent with the goals, policies and objectives of the
General Plan, including the Community Design Element. The project is consistent
with the General Plan Land Use Element for General Commercial uses, and the
Community Design Element for a village -like pedestrian scale development; and
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. The subject property is a 21,902 square foot parcel and the
proposed building -mounted signage and building -mounted sconce lighting additions
to the existing restaurant maintains compliance with all development standards set
forth in the San Juan Capistrano Municipal Code; and,
4. The character, scale and quality of the proposed building -mounted signage and
building -mounted sconce lighting are consistent with the adopted Architectural
Design Guidelines of the City. The project is consistent with the Architectural Design
Guidelines Chapter 1V, General Commercial; and,
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation. The project does not propose any changes to the existing approved
site access and circulation; and,
6. The proposed use and building -mounted signage and building -mounted sconce
lighting are compatible with surrounding existing and proposed land uses and
community character, including scale., intensity, massing, architectural design,.
landscape design, and other development characteristics. The project is a permitted
commercial use consistent with other commercial, retail and restaurant uses in the
vicinity and the building -mounted signage and building -mounted sconce lighting is
compatible in size, massing, colors and materials with properties in the area.
7. The graphic panels with gooseneck illumination on the north and south elevations of
the project do not comply with all applicable provisions of Title 9 of the San Juan
Capistrano Municipal Code, are not consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element, and are
PC Resolution 13-09-24-01 3 September 24 2013
not consistent' with the Architectural Design Guidelines Chapter IV, General
Commercial.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission approves use and proposed building -mounted sconce lighting of the project
Architectural Control 13-016 and the building -mounted signage of the project SP 13-016
and the conditions of approval set forth in Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at the close of business on
Wednesday, October 9, 2013. This project approval shall be valid for a period of two (2)
years from the date of approval of this resolution, and shall expire on October 9, 2015
unless a time extension request or building/grading permit application related to this
discretionary approval is submitted to the City prior to that date.
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 24th day of October, 2013.
Chair Sheldon Cohen
Wilfiam Ramsey, AICP,
Assistant Development Se ices Director
Planning Commission Secreta
PROJECT NUMBERS:
PROJECT -NAME:
APPROVAL DATE:
EFFECTIVE DATE;
EXPIRATION DATE;
RESOLUTION ##: 13-09-24-01
CONDITIONS OF APPROVAL
AC 13-016 and SP 13-016
Del Taco Restaurant Remodel
September 24, 2013
October 9, 2013
October 9, 2015
These conditions of approval apply to Architectural Control 13-016 and Sign Permit 13-
016 for Del Taco Restaurant; a proposal to remodel the exterior of the existing 2,030
square foot Del Taco Restaurant to install building -mounted. lighting fixtures, relocate
one existing building -mounted sign from the east elevation to the north elevation, and
install a new north elevation building -mounted sign. The subject property totals 21,902
square feet and is located at 31780 Del Obispo St, San Juan Capistrano, CA. (Assessor
Parcel Numbers: 668-241-27), on the east side of Del Obispo, south of Ortega Highway
in the General Commercial zone district. Any proposed change of use, expansion of the
area, or modifications to the approved plans or structures shall. be submitted to the City
Development Services Department along with the required application,. and fee for
review. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successors in interest to the terms of this approval.
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, note;, 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
Resolution No. 13-09-24-01 Conditions of Approval
Architectural Control 13-016 September 24, 2013
Sign Permit 13-016 2 of 4
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
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 is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Division prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions.
10. All panels and lighting which have been installed without permits, and
have not received approval are to be removed.
11. No exterior architectural changes will be permitted in the future without
review and approval by the City.
12. No ground mounted up -lighting shall be permitted with this project.
The following conditions shall be comi3leted prior to or in coniunction with the
ng permits;
issuance o building
Resolution No. 13-09-24-01 Conditions of Approval
Architectural Control 13-016 September 24, 2013
Sin Permit 13-016 3 of 4
13. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Division for review
and approval, and shall comply with the latest City -adopted edition of the
applicable building codes. (B&S)
14. Building Construction Plans. The applicant shall submit final construction
plans, building elevations and floor plans to the Building and Safety
Division for review and approval by all applicable departments. Such plans
shall be fully dimensioned and in substantial conformance with those
plans approved by the Planning Commission, Design Review Committee,
and/or Development Services Director (as applicable). Plans shall address
the following. (DS)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location of all building -mounted light fixtures shall be shown on the
elevations. A. detail of said fixtures shall be shown on the elevations,
and fixtures shall be decorative and complementary to the building
architecture.
15. Final Photometric Plans. Prior to the issuance of any building permits, the
applicant shall prepare and submit a lighting plan and photometric
analysis of the lighting plan which demonstrates to the satisfaction of the
Development Services Director that the location and intensity of proposed
lighting and illuminated signage will not adversely impact other properties
or adjoining rights-of-way (railroad, trail, and street). The lighting plan shall
be designed to comply with the provisions of Section 9-3.529, Lighting of
the Land Use Code as determined by the Commission. The lighting plan
shall include the location of all lighting, light source (high pressure sodium,
metal halide), lens (NEMA) type, height, mounting (building, pole, etc.),
vertical tilt, horizontal orientation, cutoff/shielding type, and location. The
lighting plan shall be subject to review and approval by the Design Review
Committee. All exterior lighting fixtures shall be provided with shielding
and shall be oriented so that direct light does not encroach on any
adjoining properties, and shall not exceed the maximum of four (4) foot-
candles on or off site. (DS)
The following conditions shall be met prior to acceptance of improvements or
grantingLpermission to use or occupy the project site, as specified below:
16. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
lighting plans, and elevations. If all improvements cannot be installed prior
to occupancy, the City may approve a Deferred Improvement Agreement
Resolution No. 13-09-24-01 Conditions of Approval
Architectural Control 13-016 September 24, 2013
Sin Permit 13-016 4 of 4
to defer the completion of the improvements provided that a bond, cash
deposit, or other surety in a form and substance approved by the City
Attorney, is submitted to the City in lieu of installation of the
improvements, that application and required fees are submitted, and that
the incomplete improvements will not create an unsafe condition on the
site. The term of the deferral shall be as determined by the City Planner.
(DS)
17. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Development Services Department, and shall pay any
outstanding balance in the Developer Deposit Account assigned to this
application. (DS).
The following ongoing conditions shall be complied with at all tunes after
completion of the project.
18. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (DS)
19. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code and the project noise study.; (DS)
Responsible Agencies: DS: Development Services Department
B&S: Building and Safety Division
Applicant Acceptance of Conditions of Approval:
By:
Signature
By:
Its:
Applicant Name (print name)
Title
Date