City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Planning Commission Development Services Department ~ ~ Submitted by: William A. Ramsey, AI P, Assistant Directo Prepared by: Laura Stokes, Housing/Redevelopment Coor to ' f. January 14, 2014 Continued Consideration of Architectural Control (AC) 13-016, (Modification to AC 96-05); a request for approval of a revised building color palette and landscaping and confirmation of the Environmental Administrator's determination that the project is categorically exempt from the California Environmental Quality Act (Class 1-Existing Facilities) for an existing restaurant located at 31780 Del Obispo Street, generally located 300 feet south of Ortega Highway (APN 668-241-27) (Applicant: Del Taco, LLC) (Project Manager: Laura Stokes, Housing/Redevelopment Coordinator). RECOMMENDATION: By motion adopt a resolution denying without prejudice Architectural Control 13-016 to revise the building color palette for the existing Del Taco restaurant. OWNER/APPLICANT: Applicant: Del Taco, LLC 25521 Commercenter Drive Lake Forest, CA 92630 EXECUTIVE SUMMARY: Property Owner: Swartz Family Trust 13402 Eton Place Santa Ana, CA 92705 Owner's Agent: Mark Raber Del Taco Facilities Department The applicant has requested approval of a new color palette for the exterior of the building that is consistent with Del Taco, LLC's re-imaging program known as "Ambience Shake-up". The Design Review Committee, Planning Commission, and an Ad-Hoc Committee to the Planning Commission did not support the three color palettes proposed" by Del Taco, and requested alternative options be proposed.
Planning Commission Agenda Item AC13-016 Del Taco 2 January 14. 2014 On January 9, 2014, the City received a letter from Del Taco's representative Mark Raber requesting the Planning Commission reconsider the two color pallets provided to the Planning Commission and the Ad-Hoc Committee. Del Taco has related that absent the approval of one of these color palettes, they will return the building to the original approved colors. The letter from Del Taco has been included for reference as Attachment 1. Due to the Planning Commission's previous direction regarding the proposed colors, and the lack of further response from Del Taco, a draft resolution for denial without prejudice has been prepared for Planning Commission consideration and is included as Attachment 2. Denying the project without prejudice denies the proposal presented but allows the applicant to return at a later date with modified plans, should they choose to pursue alternative designs. Therefore, with the denial without prejudice, staff will notify Del Taco to complete modifications to return the project to the original approved colors by March 31, 2014. Failure to complete modifications by March 31, 2014, will result in Code Enforcement action. BACKGROUND: General Location: The existing Del Taco is located approximately 300 feet south of Ortega Highway on the east side of Del Obispo Street. Assessor's Parcel Number: 668-451-01 Environmental Determination: Related Cases: Existing General Plan Land Use Designation: Zoning Designation: Use of Property: Categorically Exempt- Class 1, Existing Facilities None 3.1 General Commercial Land Use General Commercial Zoning Eating and Drinking Establishment Surrounding General Plan Land Uses Designations, Zoning Designations, and Use of Properties: Direction General Plan Land Use Zoning Use North 3.1 General Commercial General Commercial Vacant South 3.1 General Commercial General Commercial Restaurant East N/A N/A 1-5 Freeway West 3.1 General Commercial General Commercial Restaurant The applicant proposed several amendments to the architecture of the building at the
Planning Commission Agenda Item AC13-016 Del Taco 3 January 14. 2014 September 24, 2013, Planning Commission meeting, including changing the color palette. The Planning Commission had concerns regarding the colors and landscaping for the site and created an Ad Hoc Committee with Commissioners Chaffee and Gardner to review the color palette and the landscaping. DISCUSSION/ANALYSIS: The proposed exterior changes require approval of an Architectural Control modification in accordance with Section 9-2.313 of the City's Municipal Code "substantial modification of an existing or previously approved development project which was originally subject to AC review." Although "drive-through facilities are subject to approval of a discretionary use permit, this use is already established on this property and may continue. 1. Proposed Color Palette The applicant proposed new color palettes as listed below: Building Element AC 96-005 September 24, 2013 AC 13-016 Ad Hoc Approved Color Proposed Color Reviewed Colors Recessed Walls Medium Peach Humbled Gold Winter Melon Recessed Wall Base Terra Cotta Tatarili Tan Tatami Tan - -- --- -- R~cessed _Entry - _ Medium Peach Humbled Gold Winter Melon RE3_c~ssed _ Entry Base _ Terra Cott~ _ Humbled Gold Winter Melon.. P!Q1E3~ting Wall_ Medium Peach Pennywise Penn ise Prqje~ting \'V~H~ Base Terra CQtta Pennywise Penn ise.. ~l:ih<:jl~g Tri!!l ~ ry1o j_q)_r:!9 ~ig_ht Pe_a~b... Java Java Window & Door Frames Red Black Magic -- ~~a~~ Magi~ Wood Trellis Brown-Red Stain Java Java --- --- Roof Tile Brown Tatami Tan Tatami Tan Awning Tile Brown Tatami Tan Tatami Tan The proposed color palette modification is inconsistent with the General Plan Community Design Element because it does not complement the City's traditional, historic character, and does not conform to the Architectural Design Guidelines because the proposed colors and materials palette do not complement the overall design theme and surrounding development. The two color palettes previously proposed by Del Taco have been included as Attachment 4 and a color board with Paint Chips has been included as Enclosure 1. ENVIRONMENTAL IMPACT: The City's Environmental Administrator has reviewed the project and has determined that the project does not require any environmental review since staff is recommending denial.
Planning Commission Agenda Item AC13-016 Del Taco 4 January 14, 2014 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On June 6, 2013, the Design Review Committee reviewed a proposal from the applicant including all elements listed above and a bold color palette and provided the following comments to the applicant: The Committee expressed concern with the color palette proposed at that including Luau Green, Chinese Red, and the colors having a gloss finish. The Committee did not support the painted tiles, and recommended the applicant look into samples of green tiled roofing to use instead. On September 24, 2013, the Planning Committee reviewed a proposal from the applicant including a new color palette, lighting fixtures, building-mounted panels, and building-mounted signs; and provided the following direction: Approved proposed signage and entryway lighting fixtures. Denied proposed building-mounted panels and gooseneck lighting fixtures. The Commission created an AD Hoc Committee to review the color palette and landscaping. The Commission related that the color palette should have a matte opposed to a gloss finish. ATTACHMENTS: 1. Del Taco January 7, 2014 Letter 2. PC Resolution and Conditions of Approvai14-01-14-XX 3. Site Maps 4. Color Palette Proposals ENCLOSURES: 1. Color Boards
January 7, 2014 Ms. Laura Stokes Associate Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (915) 443-6313 RE: Del Taco Store #966 at Del Obispo., - Architectural Control Application Dear Ms. Stokes, Del Taco LLC ("Del Taco") submits this letter as a final request for the Planning Commission to reconsider either of the two color palettes we have previously proposed. As you requested, we went back to our design team to ask for an additional set of alternative colors. After careful review of alternative color schemes, our design team concluded that they could not come up with alternative colors that would satisfy the Commission while also maintaining the integrity of Del Taco's new design and color schemes. At this time, our design team does not wish to propose any further changes as we feel that any additional changes would only further deviate from Del Taco's new design and color schemes and would not add to the aesthetic of the area surrounding our restaurant. Therefore, Del Taco respectfully requests a reconsideration of the two color palettes brought to the Commission throughout the course of this application process. Absent that approval, we will return the building to the original approved colors. Throughout the course of this project, we took direction from both Design Review Committee and the Planning Commission to come up with alternative color schemes that would feature some of our new colors as well as incorporate consistent with the City's historical look. We proposed to feature a less glossy finish, remove the green and replace the existing red with a more clay toned red called "Pennywise". We also proposed adding back one of the original approved colors called "Winter Melon". The decision making for the Pennywise" and "Winter Melon" colors was deferred to a sub-committee. At that time, the sub-committee requested that we propose another palette of colors without specific direction, other than they should be different than what we submitted. ATTACHMENT 1
To support our request for reconsideration, we would like to provide some context for our thought process and the scope of improvements that we are making in the Del Taco brand. In the past year, we have remodeled over 400 restaurants across the country - bringing a more contemporary look and fresh feel to our restaurants. With the exception of a small handful of restaurants, the current paint and design scheme found on our restaurant on Del Obispo is what you will find on all Del Tacos in the United States. This new look has been greeted with enthusiasm by our guests and Del Taco is helping to attract new visitors and business in these trade areas. In fact, on every rec~ipt we print a guest survey and our guest feedback scores on the appearance of the restaurant on Del Obispo have seen a 50% improvement since we completed the remodel. As mentioned, there were a hand~ul of restaurants where we needed to adjust our colors to match with a recently remodeled shopping area or city design guidelines. The best example of this is in your neighboring town of Mission Viejo. Following a similar process we have undertaken with San Juan Capistrano, we were able to work with Mission Viejo to create a design palette that met both of our goals. That design palette is the second one that we have submitted for your approval. We have included pictures of the finished buildings below and you can see the color scheme in person at 26241 Avery Parkway and 25542 Marguerite Parkway. We believe the muted earth tones in this color scheme will blend in and feel connected to the colors you believe are fitting your historical California city.
Del Taco truly appreciates all of your consideration in this matter and shares your goal of enhancing the community in which we do business. We are very appreciative of the City giving us both the time and opportunity to resolve this matter short of fines and further action. Please consider that Del Taco has been cooperative throughout the course of this application in submitting materials, providing updates on our progress, attending hearings, and paying all application deposits as well as replenishment deposits. Moreover, when determinations were made by the Commission, such as the denial of the artwork and lighting, we immediately removed the artwork and lighting prior to the submission of the formal determination letter. Based on our guests' feedback on our surveys, they believe the appearance of the restaurant has been significantly improved. It would be very disappointing to have to return the building to the original colors and we respectfully ask that you reconsider either of the color palettes previously submitted. In particular, the second color palette that we submitted is identical to the one we are using in your neighboring city of Mission Viejo. Reiniages such as this one are critical elements for companies like us to remain relevant as consumer needs and expectations change. You will find similar examples of remodel efforts underway at McDonald's and Jack in the Box. Much time and research has been spent on creating a new brand look and we appreciate your reconsideration of our most recently submitted color palette. I can be reached at (949) 462-7467 or via e-mail at mraber@deltaco.com. Since~p 1YJ "' f!~j.~jv~ Mark Raber Facilities Department (949) 462-746
PC RESOLUTION NO. 14-01-14-xx DEL TACO BUILDING REMODLE AC 13-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING WITHOUT PREJUDICE AN ARCHITECTURAL CONTROL PROPOSAL FOR A MODIFICATION TO AN EXISTING EATING AND DRINKING ESTABLISHMENT AT 31780 DEL OBISPO STREET (APN:668-241-27). Whereas, Mark Raber, with Del Taco, LLC, representing property owner Swartz Family Trust has requested approval to modified the building color palette of the existing 2,030 square foot Del Taco restaurant; and, Whereas, The subject property is located at 31780 Del Obispo St, on the east side of Del Obispo, south of Ortega Highway in the General Commercial zone district (APN 668-241-27); and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review Procedures of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15042 of the California Environmental Quality Act (CEQA), and has determined that the project does not require any environmental review since staff is recommending denial; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15042 of CEQA; and, Whereas, the Planning Commission conducted a duly noticed public meeting on January 14, 2014 pursuant to Section 9-2.343 of the Municipal Code to consider public testimony on the proposed project and has considered all relevant public comment. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed color palette modification is inconsistent with the General Plan Community Design Element because it does not complement the City's traditional, historic character. 2. The proposed color palette modification does not conform to the Architectural Design Guidelines because the proposed colors and materials palette do not complement the overall design theme and surrounding development. ATTACHMENT 2
PC Resolution 14-01-14-xx 2 January 14, 2014 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby deny without prejudice the proposed Architectural Control modification. PASSED, APPROVED AND ADOPTED this 14th day of January, 2014. Sheldon Cohen, Chairman William A. Ramsey, AICP, Assistant Development Services Director Commission Secretary 837145.1
31780 Del Obispo Street- Site Map ATTACHMENT 3
31780 Del Obispo Street- Zoning Map
31780 Del Obispo Street- Land Use Map
@ ~!PHISN T EN TRY ELEVA TlON RECEIVED AUG 2 1 2013 PLANNING DEPT. @ ;'c.! ~ ENTRY ELEVATION D MANUFACTURER: D MANUFACTURER: PRODUCT I FINISH: SW#6090- SEMI COLOR: JAVA SHERMAN WILLIAMS PRODUCT I FINISH: SW#6380 - SEMI COLOR: HUMBLED GOLD PRODUCT I FINISH: SW#6349- SEMI COLOR: PENNYWISE SHERMAN WILLIAMS PRODUCT I FINISH: SW#6116- SEMI COLOR: TATAMI TAN Proposed Exterior Elevations - Store #966 San Juan Capistrano, California...-~ i : t es1gn stu 1 ~~co! DEL TACO CORPORATE DEPA~TMENT OF DESIGN AND cq~s~.rucjio ATTACHMENT 4
@)~!,~R ELE VATION D MANUFACTURER: PRODUCT I FINISH: SW#6090 -SEMI COLOR: JAVA SHERMAN WILLIAMS PRODUCT I FINISH: SW#6380 -SEMI COLOR: HUMBLED GOLD PRODUCT I FINISH: SW#6349- SEMI COLOR: PENNYWISE PRODUCT I FINISH: SW#6116 -SEMI....., COLOR: TATAMI TAN @)~~ ~E-THRU ELEVATION Proposed Exterior Elevations - Store #966 San Juan Capistrano, California ~ ; I t es1gn stu 1 1,.. co ~~ DEL TACO CORPORATE DEPA.RTMENT OF DESIGN AND CONSTRUCTIO
@ ~!PNISNT ENTRY ELEVA TION @) ~c!.2; ENTRY ELE VATION D MANUFACTURER: D MANUFACTURER: PRODUCT I FINISH: SW#6090 - SEMI COLOR: JAVA BENJAMIN MOORE PRODUCT I FINISH: #093- SEMI COLOR: WINTER MELON PRODUCT I FINISH: SW#6349- SEMI COLOR: PENNYWISE SHERMAN WILLIAMS PRODUCT I FINISH: SW#6116- SEMI COLOR: TATAMI TAN Proposed Exterior Elevations - Store #966 San Juan Capistrano, California ~ t es1gn stu 1 I. co I DEL TACO CORPORATE DEPARTMENT OF DESIGN AND CONSTRUCTIO 6.1 -
( )DRIVE-THRU ELE VATION SCAlf: IllS Proposed Exterior Elevations - Store #966 San Juan Capistrano, California D MANUFACTURER: D MANUFACTURER: PRODUCT I FINISH: SW#6090- SEMI COLOR: JAVA BENJAMIN MOORE PRODUCT I FINISH: #093- SEMI COLOR: WINTER MELON PRODUCT I FINISH: SW#6349 - SEMI COLOR: PENNYWISE SHERMAN WILLIAMS PRODUCT I FINISH: SW#6116- SEMI COLOR: TATAMI TAN ~ 1 t es1gn stu 1,_ co DEL TACO CORPORATE DEPARTMENT OF DESIGN AND CONSTr~UCTIO