PC Resolution-12-10-23-0191 MSIT:l_i!�1�O1� � �:Z•��/_ •til �' IIIZ
• 'R. 1 P 1 • COLLECTION i] ARCHITECTURAL
... 1.. AND SIT
IMPROVEMENTS
..• ♦ COMMERCIAL . LOCATED
♦ t. 4 ORTEG ♦.
GROUP)HIGHWAY, GENERALLY LOCATED 150 FEET WEST OF RANCHO VIEJO ROAs
(ASSESSOR PARCEL NUMBER 666-241-08) (KEITH RAY, FORTUS PROPER
Whereas, Keith Ray has requested approval to allow architectural and site
alterations to the Capistrano Collection, including a remodel to the fagade of the building,
re -design of the plaza, relocation of the trash enclosure, and increase in leasable area on
the first floor, new signage, and new landscaping to the commercial center located at
27184 Ortega Highway which has a General Plan designation of General Commercial; and
has a zoning designation of Planned Community (PC) and is located in Planning SectorA-
1 which allows commercial retail; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursua
to Section 15061 of the California Environmental Quality Act (CEQA) and determined th
the project qualifies for•• per •n 15301 of - CEQA guideline
•
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Design Review Committee forwarded a favorable
recommendation on the project to the Planning Commission at their September 20, 2012
meeting; and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on July 24, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
• • - . .. • ••- - - - - . • • •
established • • of - Title 9, Land Use Code forapprovalof
Architectural• •l application:
PC Resolution 12-10-23-1
October 23, 2012
The proposed use and design of the project complies with all applicable provisions
of Title 9 of the San Juan Capistrano Municipal Code and applicable
comprehensive development plan because the project complies with the purpose
and intent of CDP 78-01, Ortega Planned Community, which states that "The
purpose and intent of these regulations is to create a high quality planned
commercial development t that provides fora broad range of retail uses, and service
commercial uses in accordance with the Comprehensive Development Plan, PC
District Regulations, and General Plan."
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 under the Community
Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development
to maintain the character of the City;" and,
The project is also consistent with the following policy under the Community
Design Goal 2:
Policy 2.1: "Encourage development which compliments the City's traditional,
historic character through site design, architecture, and landscaping".
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 because
the project proposes to retain open space/landscape areas, parking areas and
pedestrian access areas.
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
following design principles are applicable to the proposed project:
Design Issue/ Principal 1: Human Scale. The proposed addition has a well-
balanced pedestrian orientation and human scale. The project provides
architectural details such as the ornamental iron railing along the second
story balconies and provides for store -front window and ornamental light
fixtures. The removal of the balcony walls and introduction of iron railing
provides for architectural articulation, that breaks -up the existing building
mass. The pedestrian circulation experience is enhanced with an increased
seating area in the plaza, enhanced paving throughout the area and
California native landscaping along the perimeter of the project.
2. Design Issue/ Principle 2: Eclectic Building Styles. The applicant proposes
to retain the overall building mass while enhancing the elevation and details
of the Mediterranean style building. The existing arches are proposed to be
PC Resolution 12-10-23-1 3 October 23, 2012
protected in place while adding storefront windows and iron railing to
enhance the theme. The proposed fagade remodel does not increase the
bulk and mass of the center and is consistent with original building style.
3. Design Issue/ Principal 5: Heritage and Tradition. The proposed design of
the building is reflected in the history and tradition of San Juan Capistrano.
The design contains iron railing, pottery, storefront windows with arches and
support columns with ornamental light fixtures. The proposed landscaping
design provides a tree palette found locally and in the vicinity of the Mission.
The applicant will relocate and protect the existing Historical Depiction
Program (HDP). As part of Planning Commission's review, staff will condition
the project to provide a HDP per City Council Policy 606.
4. Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate earth -tone colors to enhance the architectural details
of the project and proposes a smooth trowel plaster finish for the walls, which
is reminiscent of early mission architecture. The applicant also proposes to
install landscaping along the perimeter of the building and integrated with
enhanced paving which will enhance the overall pedestrian experience which
is consistent with the Architectural Design Guidelines, which state that,
"Unarticulated and solid wall surfaces degrade the quality of the pedestrian
experience. Buildings facing pedestrian streets and plazas should
incorporate design features that provide visual interest at the street and
plaza levels." The outdoor plaza will provide visual interest and include a
kiosk for an outdoor vendor.
5. Design Issue/ Principle 8: Linkages and Connections. The Capistrano
Collection building is located adjacent to the Forster Mansion, which is has
pedestrian connectivity to the commercial center via a series of steps located
at the northwest corner of the commercial building. The project proposes to
protect -in place this pedestrian feature.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the site plan is functional and safe in regards to existing
conditions because the site contains an existing plaza area, which is situated at the
north side of the building, with parking and pedestrian visibility. The pedestrian
circulation to the second floor suites will be improved and will allow for pedestrian
visibility to the plaza area.
6. The proposed use and design of the project is 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 proposes to protect in-place the existing
building, massing and parking area. The addition of leasable area will not cause a
substantial deviation to the overall scale of the building.
PC Resolution 12-10-23-1 4 October 23, 2012
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds
that the Capistrano Collection project is consistent with the General Plan, Title 9 Land Use
Code, the City's adopted Architectural Design Guidelines, and the California Environmental
Quality Act (CEQA) and hereby approves Architectural Control (AC) 12-006 subject to the
conditions of approval 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 5:30pm, November 7, 2012. This
project approval shall be valid for a period of 2 years from the date of approval of this
resolution, and shall expire on November 7, 2014 unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 23rd day of October, 2012, by
the following vote, to wit:
AYES: Chairman Williams, Vice -Chair Ratcliffe, Commissioners Kerr, Nunn,
Neely, Cohen and Parkhurst.
NOES: None.
ABSTAIN: None.
Ro ert Williams, Chairman
_411e L,/_-4
Wql'iam A. Ramsey, AlCP, Assist Director
Commission Secretary R
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
The subject project proposes architectural and site improvements to the commercial
center located at 27184 Ortega Highway, generally located 150 feet west of Rancho
Viejo Road (Assessor Parcel Number 666-241-08). This project approval is based on
and subject to the application materials prepared by Trace Design and Development
dated July 16, 2012 including site plan, building elevations, and floor plans. These
plans and the proposed use of the project site are hereby incorporated by reference
into this approval as submitted and conditioned herein, and shall not be further
altered unless reviewed and approved by the affected city departments. Minor
modifications to this project approval may be approved by the Development Services
Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use
Code.
2Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so.
4. 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, Community
Development 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.
5. 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.
Resolution #12-10-23-1 Final Conditions of Approval
Capistrano Collection Page 2 of 5
Architectural Control (AC) 12-006
6. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. Tree Removal Permits shall be required for any tree(s) proposed to be removed.
8. 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.
9. The use shall meet the standards and shall be developed within the limits established
by the 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.
10. 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.
11. 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.
12. 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. (B&S)
® 13. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer for
review and obtain approval for a program complying with the requirements of the
California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (PW -ENG)
— 14. Existing Easements. Prior to issuance of any permit, applicant shall incorporate into
the project design all existing easements within the project boundaries, or obtain
abandonment of said easements from the affected easement holder(s). If this
requirement cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (PW -ENG)
® 15. Orange County Fire Authority (OCFA) Approval. Prior to grading, street improvement
plans, location of fire hydrants in the public right of way, emergency access including
the spine access road, traffic/parking study, and the on-site driveway and loading
zone emergency access areas of the proposed project shall be reviewed and
approved by the Orange County Fire Authority (OCFA).
® 16. Fire Flow Demands. Prior to the issuance of grading and right-of-way improvements
permits, the applicant shall obtain from the Orange County Fire Authority (OCFA) the
required fire flow demands and the fire protection requirements to serve the subject
Resolution #12-10-23-1 Final Conditions of Approval
Capistrano Collection Page 3 of 5
Architectural Control (AC) 12-006
project and shall provide evidence of satisfactory fire flow. (OCFA)
The following conditions shall be met prior to or in conjunction with the issuance of a
building :-
17. 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)
16. Building Construction Plans. Prior to issuance of building permits, 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: (DSD)
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 and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design. All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
C. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. 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.
a. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (ENG/PLN)
19. OCFA Review of Architectural Building Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval of
the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Resolution #12-10-23-1 Final Conditions of Approval
Capistrano Collection Page 4 of 5
Architectural Control (AC) 12-006
Site/Architectural Notes to be placed on the plans prior to submittal. Prior to
concealing interior construction, the applicant shall install a sprinkler monitoring
system and fire sprinkler system. (OCFA)
20. Parking Regulations and Standards. Prior to the issuance of ANY building permit, the
applicant shall demonstrate compliance with the Municipal Code parking
requirements and standards as outlined in Section 9-3.535.
The
• conditions shall be met continuously • construction and prior t*
issuance of any cercate of occupancy:
21. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DSD)
22. Drainage Problems. During the entire grading a construction operation, the applicant
shall adhere to the following conditions to address unforeseen drainage issues: (PW -
ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
23. Waste Disposal and Sanitation. At all times during construction, the applicant shall
maintain adequate sanitary disposal facilities and solid waste disposal containers on
site. The accumulation of refuse and debris constituting a public nuisance is not
permitted. (PW -ENG)
24. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m.,
Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal holiday.(DSD)
25. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
26. DRC Review. Submit color and materials board, sign program and lighting details for
review and approval by the City's Design Review Committee (DRC). (DSD)
Resolution #12-10-23-1 Final Conditions ofApproval
Capistrano Collection Page 5 of 5
Architectural Control (A ) 12-006
The following ongoing conditions shall be complied with at all times after completion of
the project.
27. Site Maintenance. The applicant ahe| maintain GU portions of the site, including
undeveloped anags, pursuant to Municipal Code requirements for property
maintenance. (DSr[JIIJ
28. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by
Section 9'3.531. Noise standards (residential and non-residential) of the Municipal
Responsible Departments/Agencies: [>8D: Development8enviCes Department
[]SD -B&8: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UT|L Utilities Department
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