CHC Resolution-15-10-27-01CHC RESOLUTION NO. 15-10-27-01
SITE PLAN REVIEW (SPR)16-005
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA APPROVING A NEW 60 SQUARE FOOT DINING
PATIO EXPANSION AND REMODEL, REMODEL AND RELOCATION OF THE
EXISTING EXTERIOR STARICASE, AND NEW LANDSCAPING, LOCATED AT 31892
CAMINO CAPISTRANO (ASSESSORS PARCEL NUMBER: 124-160-32) (EGAN
HOUSE)
Whereas, Dan Friess, 31866 Camino Capistrano, San Juan Capistrano, CA
92675, has requested approval of Site Plan Review (SPR)15-005 to allow a remodel of the
existing exterior patio including 60 square feet of new patio area, relocation of the existing
staircase, and new landscaping, located at 31892 Camino Capistrano, 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 1 and 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 riled 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 October 27, 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 find that the project is
Categorically Exempt (Section 15301; Class 1 "Existing Facilities", and Section 15303;
Class 3 "New Construction or Conversion of Small Structures") from further review under
CEQA. The project is consistent with Section 15301 because the project consists of a
minor expansion of an existing patio and other minor exterior alterations. The project is
also consistent with Section 15303 because the modifications are accessory (appurtenant)
structures.
NOW, THEREFORE, BE IT FURTHER 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:
Page 1 of 4
1. The project complies with the maps and policies of the General Plan because the
modifications to the existing patio area does not constitute a change in use or
intensity of the proposed restaurant use because outdoor dining is considered an
accessory use; and therefore, the expansion and remodel of the outdoor dining area
patio will not have a negative impact on the historic structure or surrounding sites;
and,
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 proposed restaurant use is permitted by right; and,
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 is
limited to modification of the patio area, which was constructed in approximately
1998, and does not include any modification to the historic Egan House building;
additionally, the materials selected will be complementary to the brick exterior of the
Egan House.
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 9. 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 was a
private residence for Judge Richard Egan where he hosted several
social community gatherings. Subsequently, the property has been
adaptively reused commercially, including a restaurant. Although no
longer a private residence, the future restaurant use will be somewhat
similar to the community gatherings hosted at the site, and the patio
expansion will not require changes 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 Egan House building
and will result in a minimal change in the spatial relationship of
building with the surrounding structures or improvements, including
the non -historic patio. Further, the removal of the river rock finish on
the sides of the elevated patio and replacement with brick will be
complementary to the brick finish on the Egan House.
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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 a
minor expansion and remodel to the non -historic patio area
constructed in the 1990s; therefore, it will not be construed as
creating a false sense of history or inclusion of conjectural features.
There will be no physical alterations to the historic structure.
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 Egan House.
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 are
proposed to the historic structure, nor are any needed at this time.
Between the period of February and June 2015, several maintenance
items have been repaired by the property owner, including termite
damage and dry rot.
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. No ground disturbing activity is proposed, thereby making
it hit highly unlikely that any archaeological resources will be
disturbed. However, should any ground disturbing activity be
necessary, 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,
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size, scale and proportion, and mass, to protect the integrity of the
property and its environment. The expansion and new construction
will be complementary to the existing non -historic patio improvements,
as well as the Egan House. The patio improvements are reversible
and could be removed, leaving the Egan House substantially
consistent with its appearance prior to the patio addition.
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.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Interim Development Services Director is the custodian
of the record of proceedings.
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, November
11, 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 October 27, 2016 unless a time extension
request has been submitted or a building/grading permit has been issued for the project
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 is 27th day of October, 2015.
Lorie o er, Chair
IL�z 61L
Rckraylor, Acting Senior Planner
Secretary
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EXHIBIT "A"
P.C. RESOLUTION #15-10-27-01
CONDITIONS OF APPROVAL
PROJECT LOG #: SPR 15-005
PROJECT NAME: Egan House
APPROVAL DATE: October 27, 2015
Site Plan Review 15-005 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 patio by 60 square feet, relocate
and redesign the existing staircase, and add new landscaping located at 31892 Camino
Capistrano, APN: 124-160-32. This project approval is based on and subject to the application
materials prepared by Dan Friess dated October 1, 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 and its successors and assigns 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 #15-10-27-01 Conditions of Approval
SPR 15-005, Egan Nouse Page 2 of 2
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. (DSD)
2.2 Wet/Dry Utilities Plan Check. Prior to issuance of a permit, the Site Plan shall
show/identify all existing wet and dry utilities, including but not limited to, sewer
main, sewer manholes with rim elevations, sewer lateral, water main, water
meter location, storm drain information and curb drains, fire service laterals, as
applicable. (PW -ENG)
2.3 Restaurant Food Service. Prior to issuance of a permit, provide the restaurant
menu and other food service related information to determine FOG (Fat, Oil,
Grease) criteria as required by the City of San Juan Capistrano FOG Ordinance.
(PW -ENG)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
3.1 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,
landscaperrrigation 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)
3.2 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