22-0208_CC_Minutes_Adjourned Regular MeetingMINUTES
February 8, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Adjourned Regular Meeting of February 8, 2022, of the
City Council of the City of San Juan Capistrano to order at 5:05 p.m. Council Member
Bourne led the Pledge of Allegiance and Mayor Pro Tem Hart gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart
and Council Members Troy Bourne, Sergio Farias, and John Taylor.
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader but were not necessarily heard in that order.
INTRODUCTIONS: None.
ORAL COMMUNICATIONS:
Hannon Colbert, City resident; and Glen Pereit, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 22-02-08-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING ARCHITECTURAL CONTROL (AC) 20-012, CONDITIONAL USE
PERMIT (CUP) 20-003, DISCRETIONARY USE PERMIT (DUP) 20-001,
GRADING PLAN MODIFICATION (GPM) 21-002, SIGN PROGRAM (SP) 20-024.
AND TREE REMOVAL PERMIT (TRP) 20-021 FOR AN IN -N -OUT BURGER
RESTAURANT WITH DRIVE-THROUGH AND RELATED SITE IMPROVEMENTS,
INCLUDING SITE GRADING WITH RETAINING WALLS AND PROJECT
RELATED SIGNAGE, LOCATED ON TWO ADJOINING PARCELS TOTALING
APPROXIMATELY 1.8 ACRES AT 31791 DEL OBISPO STREET (ASSESSOR
PARCEL NUMBERS 124-160-60 & 668-242-12) AND MAKING A
DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION THEREWITH (APPLICANT. CASSIE RUIZ, IN-
WOUT BURGERS, INC.);" WITH THE FOLLOWING REVISIONS TO THE
CONDITIONS OF APPROVAL: 1) PRIOR TO SUBMITTAL INTO BUILDING
PERMIT PLAN CHECK, THE LANDSCAPE PLANS SHALL BE REVISED TO
INCLUDE THE INSTALLATION OF ONE OR MORE CANARY ISLAND PINE
TREES SOUTH OF THE PROJECT DRIVEWAY ALONG THE DEL OBISPO
STREET FRONTAGE; 2) INSTALL A HALF PORKCHOP, WITH A RAISED CURB,
AT THE PROJECT DRIVEWAY TO LIMIT MOVEMENTS TO AND FROM THE
SITE TO LEFT-IN/RIGHT-IN/RIGHT-OUT; 3) THE TOWER ELEMENT OVER THE
DRIVE-THROUGH PAYMENT WINDOW SHALL BE LOWERED TO MATCH THE
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HEIGHT OF THE REST OF THE ROOF, PROVIDED IT IS MECHANICALLY
FEASIBLE TO STILL ACCOMMODATE THE MECHANICAL EQUIPMENT WITHIN
THE TOWER AND PROVIDED ANY ROOFTOP MECHANICAL EQUIPMENT
WILL REMAIN SUBSTANTIALLY SCREENED FROM VIEW FROM ADJACENT
PUBLIC STREETS; 4) THE PROJECT PLANS SHALL INDICATE THAT THE
LIGHT REFLECTANCE VALUE OF THE EXTERIOR PAINT COLOR OF THE
RESTAURANT BUILDING AND ACCESSORY STRUCTURES IS 85% OR LESS;
AND 5) THE PROJECT PLANS SHALL BE REVISED TO ENHANCE THE DESIGN
OF THE MONUMENT SIGN TO THE SATISFACTION OF THE DEVELOPMENT
SERVICES DIRECTOR (460.70/420.60/410.40/410.90)
• Public Correspondence: Due to high volume of correspondence received,
correspondence is kept in the City Clerk's Office and is also available as
enclosures to the Agenda Report on the City's Website.
Paul Garcia, Associate Planner, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager, George Alvarez,
Traffic Engineer, Richard Barretto, Linscott, Law & Greenspan, Joel Rojas,
Development Services Director, responded to questions.
Mayor Reeve opened the public hearing and invited public testimony.
■ Public Testimony: Cassie Ruiz, In -N -Out; Andrew Stroscher, Property
Owner; Corey Henson, City resident; Cathy Pechstedt,
City resident; Casey Yadon, City resident; Rosa Hribar, City resident;
Laura Freese, City resident; Dennis Hogan, City resident; Sean Kelly,
City resident; Joanne Marquez, City resident; Bonnie Cheney,
City resident; Scott Schmitt, City resident; Michael Henson, City resident;
Lisa Ohlund, City resident; Janelle Walsh, City resident; Steve and
Don Denault, City Business Owners; Shawna Scheffner, City resident;
Bob Ohlund, City resident; Mark Nielsen, City resident; Caren Clawson,
City resident; and, Dr. Michelle Hure, City Business Owner.
Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Farias, seconded by Council Member
Bourne, and carried 3-2 with Mayor Reeve and Council Member Taylor opposed to
adopt RESOLUTION NO. 22-02-08-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING ARCHITECTURAL CONTROL (AC) 20-012, CONDITIONAL USE
PERMIT (CUP) 20-003, DISCRETIONARY USE PERMIT (DUP) 20-001,
GRADING PLAN MODIFICATION (GPM) 21-002, SIGN PROGRAM (SP) 20-024,
AND TREE REMOVAL PERMIT (TRP) 20-021 FOR AN IN -N -OUT BURGER
RESTAURANT WITH DRIVE-THROUGH AND RELATED SITE IMPROVEMENTS,
INCLUDING SITE GRADING WITH RETAINING WALLS AND PROJECT
RELATED SIGNAGE, LOCATED ON TWO ADJOINING PARCELS TOTALING'
APPROXIMATELY 1.8 ACRES AT 31791 DEL OBISPO STREET (ASSESSOR
PARCEL NUMBERS 124-160-60 & 668-242-12) AND MAKING A
DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
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QUALITY ACT IN CONNECTION THEREWITH (APPLICANT: CASSIE RUIZ, IN-
WOUT BURGERS, INC.);" with the following revisions to the Conditions of
Approval: 1) Prior to submittal into Building Permit Plan Check, the landscape plans
shall be revised to include the installation of one or more Canary Island Pine Trees
south of the project driveway along the Del Obispo Street frontage; 2) Install a half
porkchop, with a raised curb, at the project driveway to limit movements to and from
the site to left-in/right-in/right-out; 3) the tower element over the drive-through
payment window shall be lowered to match the height of the rest of the roof,
provided it is mechanically feasible to still accommodate the mechanical equipment
within the tower and provided any rooftop mechanical equipment will remain
substantially screened from view from adjacent public streets; 4) the project plans
shall indicate that the Light Reflectance Value of the exterior paint color of the
restaurant building and accessory structures is 85% or less; and 5) the project plans
shall be revised to enhance the design of the monument sign to the satisfaction of
the Development Services Director.
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Farias and Mayor Pro Tem Hart
NOES: COUNCIL MEMBER: Taylor and Mayor Reeve
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR: None.
ADMINISTRATIVE ITEMS: None.
CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at
9:09 p.m. to Tuesday, February 15, 2022, at 4:00 p.m. for Closed Session, and 5:00
p.m. for the public Business Session, in the City Council Chamber.
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Respectfully submitted,
MARA MORRIS, CI, CLl RK
Approved: March 1, 2022
DEREK REEVE, MAYOR
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