PC Resolution-08-03-11-03PC RESOLUTION NO. 08-03-11-03
ARCHITECTURAL CONTROL (AC) 07-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING ARCHITECTURAL COTROL (AC)
07-024 FOR A REMODEL OF AN EXISTING KENTUCKY FRIED CHICKEN
AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
LOCATED AT 32032 CAMINO CAPISTRANO, AND GENERALLY
LOCATED 192 FEET NORTH OF AVENIDA GOLONDRINA, 152 FEET
SOUTH OF DEL OBISPO, 155 FEET WEST OF PLAZA DRIVE,. AND
DIRECTLY EAST OF CAMINO CAPISTRANO. (ASSESSORS PARCEL
NUMBER 668-241-16) (KENTUCKY FRIED CHICKEN).
WHEREAS, Elizabeth Glass.is owner of real property described as Assessor's Parcel
Number 668-241-16 located at 32032 Camino. Capistrano, San Juan Capistrano; and,
WHEREAS, Roy Miller proposes to remodel an existing Kentucky Fried Chicken
restaurant; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15301 of the California Environmental Quality Act (CEQA) and issued a Class 1
Categorical Exemption;
WHEREAS, On March 11, 2008 the Planning Commission conducted. a duly noticed
public meeting 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 exiting restaurant is located in the General Commercial zone district and eating
and drinking establishments are permitted by right. The proposed project meets all
development standards as identified in section 9-3.303 Commercial Districts. In
addition the requirements of sections 9-3.529 Lighting and 9-3.543 Signs are met.
Because the proposed project either meets or exceeds the applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code it is found to be consistent with
the Municipal Code; and,,
2. The proposed project is a remodel of an existing Kentucky Fried Chicken restaurant.
No new land is to be used as part of this project. Further the design provides an
appropriate and compatible building that is consistent with the Adopted Design
Guidelines. Because the proposed project adheres to the Adopted Design
PC Resolution 08-3-11-01 2 March 25 2008
Guidelines and the goals, policies, and objectives of the Community Design
Element it is found to be consistent with the General Plan; and,
3. The existing Kentucky Fried Chicken restaurant is currently not compatible with the
surrounding land uses. This is a function of the time development occurred. The
KFC building was designed and built prior to the adjacent shopping center. The
result is a building that fronts Camino Capistrano while the adjacent shopping
center's buildings front the interior parking lot. This incompatibility is compounded
by the functional rear of the KFC fronting the interior parking lot which visually
detracts from the overall facade. The applicant has redesigned the existing building
in such a capacity to reduce this incompatibility as much as possible. The service
area and parking space along the interior parking lot have been redesigned to
incorporate a trellis structure and tower element to provide an architectural
articulation and interest in the once blighted area. This is furthered by the applicant
providing new landscaping and continuing the existing sidewalk area. The effect is a
fagade that while still does not front the interior parking lot, goes along way to
reduce the undesirable visual impact. The proposed color scheme is consistent with
the existing buildings and is not an exact copy, which reduces the monotony like
buildings. Because the redesign does not detract from the visual character and the
use is existing, it is found to be consistent with existing adjacent land uses; and,
4. The proposed remodel is generally consistent with the City's Design Guidelines.
This is based upon the use of trellises linking adjacent sidewalks and buildings, the
choice in color palette, and introduction of new landscaping and outdoor dining
areas. The building does not provide adequate vertical and horizontal offsets as to
minimize building massing. This is a result of the manner in which the original
building was designed and built. While the applicant has incorporated new elements
to reduce this massing, the building was designed and built prior to this
consideration of building massing. Therefore the remodeled elements are general
consistent with the Design Guidelines because they comply with the established
direction as much possible; and,
5. The site plan is not proposed to be redesigned significantly. The rear building
elevation which fronts the interior parking lot has been revised. This revision
provides for a more functional and safe pedestrian circulation. Therefore because
the area to be redesigned provides better circulation it is found to be consistent with
this specific finding; and,
6. The applicant has provided additional landscaping in key areas of visual interest.
Along the Camino Capistrano frontage the applicant has provided additional
landscape to improve the site's appearance. Along the interior property line adjacent
to the parking lot and drive aisles the applicant has provided additional landscaping.
The overall effect is an appropriate landscape design that utilizes existing trees and
planting and incorporates new landscaping that blends and provides great visual
relief. Because of the planting selections and locations the proposed palette is
consistent with the Adopted Design Guidelines; and,
PC Resolution 08-3-11-01 3 March 25 2008
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves AC 07-024 subject to 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 5:00 PM, Wednesday, April 9,
2008. This project approval shall be valid for a period of 24 months from the date of
approval of this resolution, and shall expire on March 25, 2010 unless a time extension
request or building permit application related to this discretionary approval is submitted to
the City prior to that date.
PASSED, APPROVED AND ADOPTED this 25th day of March, 2008, by the
following vote, to wit:
AYES: Kerr, Cardoza, and Ratcliffe
NOES: Neely
ABSTAIN:
ABSENT: Cohen
Robert Gigrdoza, Chairman
Grant Ta lor, Asigistant Planning Director
RESOLUTION #: 08-3-11-03
Exhibit A
CONDITIONS OF APPROVAL
Project #: Architectural Control (AC) 07-24
Project Name: Kentucky Fried Chicken
APPROVAL DATE: March 25, 2008
EFFECTIVE DATE: April 9, 2008
EXPIRATION DATE: March 25, 2010
These conditions of approval apply to Architectural Control (AC) # 07-24 to remodel an
existing Kentucky Fried Chicken located 32032 Camino Capistrano, and generally
located 192 feet north of Avenida Golondrina, 152 feet south of Del Obispo, 155 feet
west of Plaza drive, and directly east of Camino Capistrano (APN 668-241-16). Any
proposed change of use or expansion of the area or modifications to the site plan or
structures shall be submitted to the City Planning 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:
Architectural Control (AC) # 07-13 is granted to remodel an existing
Kentucky Fried Chicken. This approval is granted based on the application
materials submitted by Roy Miller, on February 20, 2008, prepared by Raw
Architects including site plan, elevations, and floor plans. These plans and
the proposed use of the site are approved as submitted 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 Planning Director to be in substantial conformance
with the approved site plan, and which do not intensify or change the use
or require any deviations from adopted standards, may be approved by
the Planning 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 March 11, 2010 (24)
months after the approval date of the approval unless the use or
occupancy which is the subject of this action has taken place 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 Planning 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 Planning Director.
Planning Commission Resolution 08-3-11-03 Final Conditions of Approval
(AC) 07-024, Kentucky Fried Chicken (KFC) March 25, 2008
Page 2 of 4
2. Approval 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, signed, and stamped (when
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 annulany
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.
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.
6. 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.
7. 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.
8. 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
Planning Commission Resolution 08-3-11-03 Final Conditions of Approval
(AC) 07-024, Kentucky Fried Chicken (KFC) March 25, 2008
Page 3 of 4
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of 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:
10. Applicable Codes. Prior to issuance of building permits, 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)
11. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Planning Department for final review and approval. Such
plans shall be fully dimensioned and in substantial conformance with
those plans approved by the Planning Commission, Design Review
Committee, and/or Planning Director (as applicable). (PLN)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
12. 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. (ENG)
13. Construction hours. Construction hours shall be limited to 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 shall not be permitted on Sundays or
any Federal holiday.(PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
14. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
Planning Commission Resolution 08-3-11-03 Final Conditions of Approval
(AC) 07-024, Kentucky Fried Chicken (KFC) March 25, 2008
Page 4 of 4
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement 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. (PLN)
15. 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 Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
16. Landscape Plan. Prior to the Final Building Inspection the Applicant shall
submit revised landscape plans for review and approval by the Design
Review Committee (DRC).
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
Date of Approval: March 25, 2008
Resolution No.: 08-3-11 o.
Effective Date: April 9, 2008
Applicant Acceptance of Conditions of Approval:
By:
Ro Miller Date