PC Resolution-10-08-10-01PC RESOLUTION NO. 10-08-10-01
ARCHITECTURAL CONTROL (AC) 10-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING AN ADDITION OF 597 SF. OF
OUTSIDE DINING AREA LOCATED AT 31781 CAMINO CAPISTRANO,
GENERALLY LOCATED ADJACENT TO THE INTERSECTION OF
VERDUGO AND CAMINO CAPISTRANO (APN 121-150-27)
WHEREAS, Tim Algier representative for Sundried Tomato, has proposed to
add 597 sf. of outdoor dining area, enclosed by a wrought iron fence. The proposed
project site is General Plan designated as General Commercial (GC) and classified as
Tourist Commercial (TC) on the Official Zoning Map; and,
WHEREAS, Franciscan Plaza Investment Group is the owner of real property
located at 31781 Camino Capistrano (APN 121-150-27); and
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.313, Architectural Control Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15301 of the California Environmental Quality Act (CEQA), and has
determined that the project qualifies for a Class 3 (New construction or conversion of small
structures) Categorical Exemption and caused a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines; and,
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 Planning Commission conducted a duly noticed public
hearing on April 13, 2010 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
The project is consistent with standards set forth in Title 9 of the Municipal Code.
Specifically the proposed project meets all development standards and does not
create a deficit of parking areas, as the existing development currently has a 119
parking space surplus, and the additional demand of 15 parking spaces would not
create a deficiency. Therefore because the proposed project meets all development
standards as well as the any other applicable supplemental district standards it is
found to satisfy Title 9 of the San Juan Capistrano Municipal Code; and,
PC Resolution 10-08-10-01 2 August 10, 2010
The proposed modification is consistent with the objectives of the General Plan as it
furthers specific goals and objectives. Specifically the proposed modification
furthers Policy 5.1 of the Land Use element which "Encourage(s) the location and
retention of businesses within the downtown Mission District as it provides additional
areas for an existing business to provide services to an increasing demand. Further
the proposed project furthers Policy 1.2 of the Community Design element which
"Encourage(s) high quality and human scale design in development to maintain the
character of the City" by creating complimentary design to an existing structure that
does not diminish the human scale of the existing building. Therefore because the
proposed modification promotes and furthers specific policies established by the
General Plan, the proposed modification is found to be consistent with the General
Plan, including the Community Design Element; and,
The proposed modification is located in an internal area of an existing development
and it does not extend into setbacks, parking, yards or open spaces. The proposed
modification does incorporate areas used for access, however does not restrict
access. This is due to the large and inefficient areas allocated for design. Because
the proposed project does not create adverse impacts or encroachments on yards,
open spaces, setbacks, parking or access the proposed site is found to be an
adequate size; and,
The proposed project does not propose any deviation from the existing architectural
design and features, and serves to create a more functional use to an under -used
commercial use due to the relative difficulty of access, the lack of visual exposure to
the street, and the lack of or lower levels of light. Furthermore the proposed design
is consistent with the direction of the Adopted Design Guidelines, specifically
providing high quality design; and,
The proposed project does not impact any existing vehicular or bicycle access and
circulation. The proposed modification does not diminish existing pedestrian access
areas and circulation as it is currently inefficiently designed for pedestrian access
and would create a more function and efficient area; and,
The proposed project is complimentary in nature to surrounding and existing land
uses. Specifically given the historically high commercial vacancies and lack of
commercial activity in the "lower level" area and the proposed modifications
potential to increase this activity, the proposed use is found to be complimentary.
Because the proposed project does not significantly intensify the existing
development and is located adjacent to like uses it is found to be compatible with
existing land uses and community character; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve the project subject to
the conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
PC Resolution 10-08-10-01 3 August 10, 2010
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 5:00 p.m; Wednesday, August 25,
2010. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, 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 10th day of August, 2010, by the
following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SLC--,—,
Sheldon Cohen, Chairman
RESOLUTION #: 10-08-10-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 10-019
Project Name: Sundried Tomato
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
August 10, 2010
August 25, 2010
August 10, 2012
These conditions of approval apply to Architectural Control (AC) 10-013, an approval of the
addition of 597 sf. of outdoor dining area, enclosed by a wrought iron fence located at
31781 Camino Capistrano, generally located adjacent to the intersection of Verdugo and
Camino Capistrano (APN 121-150-27) Any proposed change of use or expansion of the
building area or modifications to the site plan or signage shall be submitted to the City
Community Development 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 successor(s) in interest to the terms of this approval.
General Conditions:
(AC) 10-013 approval is granted for the addition of 597 sf. of outdoor dining
area, enclosed by a wrought iron fence located at 31781 Camino Capistrano,
generally located adjacent to the, intersection of Verdugo and Camino
Capistrano (APN 121-150-27) This approval is granted based on the
application materials submitted by Tim Algier on August 3, 2020. This project
is approved and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected city departments. Minor modifications
to this approval which are determined by the Community Development
Director to be in substantial conformance with the approved plan, and which
do not increase the size, or otherwise intensify or change the use or require
any deviations from adopted standards, may be approved by the Community
Development Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the first business day
following the fifteenth (15th) day after the date of the Planning Commission's
approval and shall expire August 10, 2012 (24) months after the date of the
approval unless the project which. is the subject of this action has been
installed and approved and all conditions of approval have been met, or a
time extension has been granted by the City. Any application for an extension
of time shall be submitted to the Community Development Department, along
with the required fee, at least ninety (90) days prior to the expiration date of
this approval, except as otherwise approved by the Community Development
Director.
Planning Commission Resolution 10-08-10-01 Final Conditions of Approval
AC 10-013 Sundried Tomato Date: August 10, 2010
Page 2 of 3
2. All service access areas shall be restricted to the internal area of the
development.
3. No service area shall use adjacent right of way areas or create an adverse
impact on said right of way areas.
4. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City regulations or requirements.
5. 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.
6. 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.
7. 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.
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 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.
10. All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and Safety Department prior to issuance of
Planning Commission Resolution 10-08-10-01 Final Conditions of Approval
AC 10-013 Sundried Tomato Date: August 10, 2010
Page 3 of 3
any permits, final inspections, utility releases and/or release of securities, as
specified in these conditions. (B&S)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
11. Wrought Iron railing_ Prior to the issuance of building permits the applicant
shall revise the site plan and corresponding plans to include the demolition of
the solid wall along northern portion of the courtyard and its replacement with
a pilaster and wrought iron fence to match the existing wrought iron railing.
12. Building Permit. Prior to installation, the applicant shall submit plans to the
Building Official for issuance of a building permit. Such plans shall be fully
dimensioned, in substantial conformance with those plans approved and
modified by the Planning Commission and Design Review Committee: (PLN)
13. Applicable Codes. Prior to issuance of building permits (if required by the
Building Official), plans for this project shall be submitted to the Building and
Safety Department for review and approval, and shall comply with the latest
City -adopted edition of the applicable building codes. (B&S)
14. 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, landscape/irrigation plans,
and sign elevations. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Date of Approval: August 10, 2010
Resolution No.: 10-08-10-01
Effective Date:
Applicant Accepta
0
August 25, 2010
of Conditions of Approval:
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