CHC Resolution-15-09-22-01CHC RESOLUTION NO. 15-09-22-01
SITE PLAN REVIEW (SPR)15-003
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA APPROVING AN EXPANSION OF THE EXISTING
DINING PATIO AND TRELLIS, A NEW OUTDOOR FIREPLACE, AND NEW
LANDSCAPING, AND DIRECTING THE APPLICANT TO INCLUDE A HISTORIC
REFERENCE IN ANY FUTURE SIGNAGE, LOCATED AT 26701 VERDUGO STREET
(ASSESSORS PARCEL NUMBER: 121-141-17) (CAPISTRANO DEPOT)
Whereas, John Loomis of Thirtieth Street Architects, 2821 Newport Blvd.,
Newport Beach, CA 92663, has requested approval of Site Plan Review (SPR)15-003 to
allow an expansion of the existing dining patio and trellis, a new outdoor fireplace, and new
landscaping, located at 26701 Verdugo Street which is General Plan -designated General
Commercial and classified as Town Center on the Official Zoning Map; 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 pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 3 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Cultural Heritage Commission conducted a duly -noticed public
hearing on September 22, 2015, pursuant to Title 9, Land Use Code, Section 9-2.302, and
to consider public testimony on the proposed project and has considered all relevant public
comments.
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.327 of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The project complies with the maps and policies of the General Plan because the
modifications to the existing dining area does not constitute a change in use or
intensity of the existing restaurant; and therefore, the expansion and remodel of the
outdoor dining area patio will not have a negative impact on the surrounding sites.
2. The project complies with applicable provisions of the Land Use Code and with any
applicable specific plan or comprehensive development plan because the project
will be consistent with the purpose and intent of the Town Center district and more
specifically the restaurant use is permitted by right; and,
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3. All aspects of the proposed site design, including building orientation and
placement, massing, access, parking, colors, materials, paving, lighting, signage,
and landscaping, are compatible with the historic nature of the site, surrounding
district and/or historic period represented by the landmark, because the project will
only modify the patio area which was constructed in the 1980s and 1990s, and does
not include any modification to the historic Santa Fe Depot building; additionally, the
materials selected will match the existing patio area.
4. The project has been designed in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and
Grimmer), as follows:
Standard 1. A property will be used as it was historical or be given a new use that
requires minimal change to its distinctive materials, features, spaces,
and spatial relationships. The original use of the structure as a
passenger and freight railroad station changed in 1974 when the site
was converted to a restaurant. The patio expansion will not require
change to distinctive characteristics of the historic building.
Standard 2. The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationship that characterize a property will be avoided.
The project will not physically alter the historic Santa Fe Depot
building and will result in no change in the spatial relationship of
building with surrounding structures or improvements.
Standard 3. Each property will be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken. The project involves
minor expansion to the non -historic patio area constructed in the
1980s and 1990s; therefore, it will not be construed as creating a
false sense of history or inclusion of conjectural features.
Standard 4. Changes to a property that have acquired historic significance in their
own right. The patio improvements are considered modern, and do
not meet the criteria to be considered historic in their own right.
Standard 5. Distinctive material, features, finishes and construction techniques or
examples of craftsmanship that characterize a property will be
preserved. There will be no changes to distinctive materials features,
finishes, construction techniques or examples of craftsmanship
featured on the historic Santa Fe Depot.
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Standard 6. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a
distinctive historic feature, the new feature will match the old in
design, color texture, and where possible, materials. Replacement of
missing features will be substantiated by documentary and physical
evidence. No repairs, restoration, replacement, or maintenance is
proposed to the historic structure, nor is any needed at this time.
Standard 7. Chemical or physical treatments, if appropriate, will be undertaken
using the gentles means possible. Treatments that cause damage to
historic materials will not be used. No chemical or abrasive cleaning
treatments are proposed.
Standard 8. Archaeological resources will be protected and preserved in place. If
such resources must be disturbed, mitigation measures will be
undertaken. Archaeological monitoring will be required for ground
disturbing activities, in accordance with City Council Policy 601.
Standard 9. New additions, exterior alteration, or relocated construction will not
destroy historic materials, features, and spatial relationships that
characterized the property. The new work shall be differentiated from
the old and will be compatible with the historic materials, features,
size, scale and proportion, and mass, to protect the integrity of the
property and its environment. The expansion and new construction
will match the non -historic patio improvements.
Standard 10. New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. The proposed patio addition is
separate from the historic structure and could be removed without any
impact to the historic structure.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves the project
subject to those conditions of approval established by 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 p.m., Wednesday, October
7, 2015. This project approval shall be valid for a period of 1 year from the date of
approval of this resolution, and shall expire on September 22, 2016 unless a time
extension request has been submitted or a building/grading permit has been issued for the
project prior to that date.
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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 ADOPTjjD this 22nd day of September, 2015.
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EXHIBIT "A"
P.C. RESOLUTION #15-09-22-01
CONDITIONS OF APPROVAL
PROJECT LOG #: SPR 15-003
PROJECT NAME: Capistrano Depot
APPROVAL DATE: September 22, 2015
Site Plan Review 15-003 is approved subject to compliance, to the reasonable satisfaction of
the Development Services Department, with all applicable sections of the San Juan Capistrano
Municipal Code, the California Administrative Code, the California Building Standards Code and
all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to exercising
the rights conferred by Architectural Control approval. 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.
The subject project proposes to expand the existing outdoor dining patio by 320 square feet,
expand the existing trellis by 72 square feet, construct a new outdoor fireplace, and add new
landscaping located at 26701 Verdugo Street, APN: 121-141-17. This project approval is based
on and subject to the application materials prepared by John Loomis dated and revised to
August 4, 2015 including site plan(s), elevation(s), floor plan(s), and any other 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.
General Conditions:
1. 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 Development Services Director. 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.
Resolution #15-09-22-01 Conditions of Approval
SPR 15-003, Capistrano Depot Pave 2 of 3
2. 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.
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
2.1 Architectural Control. Prior to issuance of a permit, this project requires approval
of an Architectural Control application.
2.2 Archaeological Monitoring. Prior to issuance of a permit, the applicant shall
submit to the Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified Archaeologists
for Orange County) has been retained to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information for
the archaeologist.
2.3 Paleontological Monitor. Prior to issuance of a permit, a qualified paleontologist
(defined as a paleontologist on the List of Certified Paleontologists for Orange
County) shall be retained by the project applicant and shall be present at pre -
construction meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the vicinity of the
project site, as well as monitoring requirements.
2.4 Fire Flow. Prior to issuance of a permit, obtain the Orange County Fire Authority
fire flow demands and requirements. Should OCFA require a flow test, the
applicant shall contact the Utilities Division — Engineering Section to obtain flow
test observation requirements. (PW-UTIL)
2.5 Backflow Prevention. A Backflow Prevention Assembly is required to be installed
for the existing 2 -inch commercial domestic water meter per the City Backflow
and Cross -connection Control Ordinance No. 895. Location of the required
Backflow Prevention Device shall be shown on the site improvement plans for
plan check. Only backflow prevention assemblies on the approved list of USC
Foundation for Cross -Connection Control will be acceptable. (PW-UTIL)
2.6 Development Impact Fees. Prior to issuance of a permit the applicant shall pay
water and sewer impact fees, plan check and inspection fees, and the
preliminary processing fee for the proposed additional square footage of
commercial area. (PW-UTIL)
The following conditions shall be met continuously during construction and prior to
Issuance of any certificate of occupancy:
3.1 Backflow Prevention. Prior to start of construction, the contractor shall contact
the Utilities Division at 949-443-6398 for inspection and approval of the location
of the required backflow prevention assembly by the Utilities Water Quality -Cross
Connection Control Specialist. (PW-UTIL)
Resolution #15-09-22-01 Conditions of Approval
SPR 15-003, Capistrano Depot Pane 3 of 3
3.2 Water Service Application. The contractor shall obtain a water service application
from the City Utilities/Engineering to complete and return to the Utilities Division
along with the backflow test certification for processing and entering the device
into the City Backflow Program. (PW-UTIL)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
4.1 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,
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. (DSD)
4.2 Final Cultural Resource Reports. Prior to final inspection, the applicant shall
submit final monitoring reports/technical memoranda for any historical, cultural,
or archaeological resources recovered from the project site during grading or
construction and shall file the same with the appropriate information repository
South Central Coastal Information Center (SCCIC). Reports shall include
information on the disposition of resources. (DSD)
4.3 Final Development Services Inspection. Prior to application for a final occupancy
permit, 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. Development Services Department
shall not conduct a final inspection until any outstanding balance has been paid
in full. (DSD)
Responsible Departments/Agencies:
DSD: Development Services Department
DSD-B&S: DSD -Building & Safety Division
PW -ENG: Public Works -Engineering Division
PW-UTIL: Public Works -Utilities Division
OCFA: Orange County Fire Authority