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CHC Resolution-16-03-22-01CHC RESOLUTION NO. 16-03-22-1 SITE PLAN REVIEW (SPR) 15-008 A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING AN EXPANSION OF THE EXISTING DINING PATIO INCLUDING CONSTRUCTION OF A NEW BAR WITH ROOFTOP, EXPANSION OF EXISTING EXTERIOR WAITING AREA, AND INSTALLATION OF NEW DROUGHT TOLERANT LANDSCAPING, LOCATED AT 26701 VERDUGO STREET (ASSESSORS PARCEL NUMBER: 121-141-17) (TREVOR'S AT THE TRACKS) Whereas, John Rix of Architectronix, Inc., 250 N. Golden Circle Drive, Suite #204, Santa Ana, CA, has requested approval of Site Plan Review (SPR) 15-008 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 March 22, 2016, 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: 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, Page 1 of 4 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 proposed bar addition and service areas are visually separated from the historic depot. Although, the enclosed service areas are located adjacent to the depot, they are physically and structurally separated from the existing historic building and are, therefore, reversible. No removal or alteration of historic materials or features is proposed resulting in the preservation of the historic depot. 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 expansion to the non -historic patio area constructed in the 1980s and 1990s. These new elements are designed to match the previous alterations making them compatible to but distinct from the original depot. 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 modem, and do not meet the criteria to be considered historic in their own right. Page 2 of 4 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. 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. Other than normal maintenance and repairs, no replacement of missing features to the existing historic structure is proposed as part of this project. Proposed repairs and treatments of existing features or materials will respect and preserve the design, color, and texture of those elements. Standard 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest 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 (Attachment 2). 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 existing 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 expansion and construction of the free-standing bar with rooftop, as well as the expansion of the exterior waiting area is separate from the historic structure and could be removed without any impact to the historic structure. Page 3 of 4 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, April 6, 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 March 22, 2017 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 this 22nd day of March, 2016. Lorie Pb rter� an Serg Klotz, AICP, Assistant Development Services Director Secretary Page 4 of 4 EXHIBIT "A" CHC RESOLUTION #16-03-22-1 CONDITIONS OF APPROVAL PROJECT LOG #: SPR 15-008 PROJECT NAME: Trevor's at the Tracks APPROVAL DATE: March 22, 2016 Site Plan Review 15-008 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 an expansion of the existing dining patio including construction of a new bar with rooftop, expansion of existing exterior waiting area, and 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 Rix 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. 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. Resolution #16-03-22-1 Conditions of Approval SPR 15-008 Trevor's at the Tracks Page 2 of 3 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) 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) Resolution #16-03-22-1 Conditions of Approval SPR 15-008 Trevor's at the Tracks Pace 3 of 3 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 PW-UTIL: Public Works -Utilities Division OCFA: Orange County Fire Authority SCCIC: South Central Coastal Information Center Date of Approval: March 22, 2016 Resolution No Effective Date: 16-03-22-1 April 6, 2016 Applicant Acceptance of Conditions of Approval: By: rico Z_T6 6 Applicant/Agent Date