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ITEM E2 City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Planning Commission Development Services Department Submitted by: Sergio Klotz, AICP, Assistant Director ~ Prepared by: Laura Stokes, Housing Coordinator/Assistant Plannerc}J- June 27, 2017 Consideration of Architectural Control 17-004, Carl's Jr; review of proposed paint, lighting, landscape, and accessibility modifications for the Carl's Jr. restaurant located at 31852 Del Obispo Street (Assessor Parcel Number 668-241-07)(Applicant: David Amestoy, David Amestoy Enterprises LLC)(Project Manager: Laura Stokes, Housing Coordinator/Assistant Planner) RECOMMENDATION: Adopt a resolution approving Architectural Control 17-004 (Attachment 1 ). APPLICANT/OWNER: Applicant: David Amestoy, Enterprises LLC Attn: David Amestoy 4607 Vallecito Dr. Yorba Linda, CA 92886 Property Owner: Wiles Restaurant Inc. 28022 La Paz Rd. Laguna Niguel, CA 92677 EXECUTIVE SUMMARY: The applicant has submitted plans to modify the existing Carl's Jr. restaurant, originally approved in 1973 and received approval for lighting modifications in 1988 and paint modifications in 1997. The applicant is requesting a modification to the building colors, accent lighting, and access, which impacts landscaping. The letter of intent identifies that the project is intended to correct accessibility paths from the public right-of-way and to comply with the Americans with Disability Act (ADA) with respect to the required parking stalls; and to modify the building to meet Carl's Jr. corporate standards (Attachment 2).

PC Agenda Report June 27, 2017 Page 2 of 8 On June 8, 2017, the Design Review Committee (DRC) reviewed the project and recommended support of the project as proposed to the Planning Commission. BACKGROUND: General Location: Assessor's Parcel Number: Existing General Plan Land Use Designation: Zoning District: Current Use of Property: 31852 Del Obispo Street; located 375 feet south of the Ortega Highway and Del Obispo Street intersection. Assessor Parcel Numbers 668-241-07. General Commercial General Commercial (GC) Restaurant with Drive-through Surrounding General Plan Land Use Designations, Zoning Districts, and Use of Properties: Direction General Plan Zoning District Current Land Use Land Use Designation North General Commercial General Commercial Restaurant with Drivethrough South General Commercial General Commercial Commercial Retail East N/A N/A Interstate 5 West General Commercial Historic Town Center Restaurant without Drive- Master Plan-T own through Center Sector DISCUSSION/ANALYSIS: The property is within the General Commercial (GC) zone district, which allows restaurants by right and requires restaurants with a drive-through obtain a Conditional Use Permit and Discretionary Use Permit. This Carl's Jr. restaurant facility was established with a drive-through prior to the Conditional Use Permit and Discretionary Use Permit requirements, and maintains the drive-through in accordance with Municipal Code Section 9-3.533, Nonconforming uses, lots, and structures. The modifications proposed do not modify or impact the drive-through use.

PC Agenda Report June 27, 2017 Page 3 of 8 Architectural Control: San Juan Capistrano Municipal Code Section 9-2.313 Architectural Control review stipulates that a project is required to be reviewed through an Architectural Control if there is a modification to the original Architectural Control plans. The modification to the painting, lighting, and site access which impacts some landscape planters requires approval through an Architectural Control Modification. Building Color: The applicant is proposing to modify the existing building colors and materials to match the corporate design required of Carl's Jr. franchises. The current three-color options are proposed to be replaced with a five-color earth-tone options as listed below: Building Feature Building Stucco Building Trim Building Awning Facia Building Brick Window Frame & Base Parapet Wall Metal Cap Metal Ramp Railing Existing Color Sensitive White (Frazee CW027W) Italian Tile (Frazee 8026N) Crimson Red (Academy 8603) Sensitive White (Frazee CW027W) Italian Tile (Frazee 8026N) None Italian Tile (Frazee 8026N) Proposed Color Balanced Beige (SW 7037) Dovetale (SW 7081) Dovetale (SW 7081) Dovetale (SW 7081) Black Fox (SW 7020) Heart Throb (SW 6866) Tricorn Black (SW 6258) The proposed earth tone building colors are found throughout the downtown and General Commercial zones. The colors are designed to draw the eye to the existing architectural features of the building, while maintaining a subtle appearance. The Heart Throb red color is proposed to be used on the top ridge of the wall cap, creating an approximate 3" accent line along the top of the building, and although the color does not appear often throughout the community, the Design Review Committee was not concerned with the use due to the limited area proposed for the color. Accent Lighting: The applicant is proposing to add a new LED light strip along the top edge of the parapet, and cover the strip and existing parapet wall with a sheet metal wall cap (painted Heart Throb), detail provided on page A-5 of the Enclosure. This will create accent down lighting onto the existing fascia board and existing roof tile. Lighting standards are governed by Section 9-3.529 of the City's Municipal Code; and requests for architectural lighting may be granted by the Planning Commission when it can be shown that the following criteria are met as required by Section 9-3.529(b)(3)(A): (i) The lighting will illuminate an architectural feature or landscape feature that is unique to the particular project due to the use of materials, colors, or design characteristics that relate to similar historic features that are found within the City; and,

PC Agenda Report June 27, 2017 Page 4 of 8 (ii) The architectural lighting proposal will enhance the design of a project and is not solely used as an attraction getting device. (iii) Location of fixtures. Highlighting fixtures may be located either on the building; on adjacent ground, and on ornamental standards. These fixtures are to be arranged such that they are not generally visible to the public. (iv) Shielding for glare. Highlighting fixtures should be located and designed in such a manner that the actual lamp and reflector are shielded or louvered so that it is not seen from a normal public viewing area. Shielding or louvering is especially important in areas where there is considerable vehicle and pedestrian traffic that direct glare be avoided. If these criteria can be met, then it is appropriate to approve of the architectural lighting. Conversely, the inability to meet these criteria would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the lighting request, staff believes the following criteria warrant approval of the architectural lighting. (i) The lighting will illuminate the parapet architectural feature, which extends above the roof tile which is existing on the current Carl's Jr. restaurant. (ii) The architectural lighting proposal will enhance the design of the project because it complements the architectural style, is designed to draw the eye to an otherwise simple fascia or parapet wall, provides architectural-interest and because is not being used to illuminate signage. (iii) The architectural lighting fixtures are to be located on the building, and will be obscured by the proposed cap, which will ensure the light fixture will not be visible to the public. (iv) The architectural lighting fixtures are to be located and designed so that the actual lamp and reflector will not be visible to the public. Landscape & Accessibility Paths: Carl's Jr. recently underwent an internal remodel of their existing restaurant. The remodel required ADA requirements on the exterior, including paths of travel, improved ramps, and ADA parking. The reconfigured ramps with new ramp handrails and the path of travel will result in a loss of approximately 35 square feet of landscaping and a loss of one parking space. The loss of one parking stall results in 52 parking stalls provided. The City's code establishes that restaurants require one parking stall per every 40 square feet of dining and drinking area. Therefore, the restaurant, which includes 2,020 square feet of dining and drinking area, requires 50.5 parking spaces. The proposed 52 parking stalls for the site result in a 1.5 stall surplus.

PC Agenda Report June 27, 2017 Page 5 of 8 Findings: Architectural Controls are governed by Section 9-2.313 of the City's Municipal Code; and requests may be granted when it can be shown that the following findings set forth in Section 9-2,313(c) can be established: 1) The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan; 2) The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element; 3) The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved; 4) The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City; 5) The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation; 6) The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics. If these findings can be made, then it is appropriate to grant the Architectural Control. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the Architectural Control request, staff believes the following findings of fact warrant approval of the Architectural Control. 1) The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code, specifically the General Commercial zone (no Specific Plan or Comprehensive Development Plan applies), because the modification to the exterior of the building proposes colors and lighting which is consistent with the architectural style of the existing and surrounding buildings within the General Commercial zone.

PC Agenda Report June 27, 2017 Page 6 of 8 2) The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the modifications are consistent with : "Land Use Goal 2: Control and direct future growth within the City to preserve the rural village-like character of the community, II and specifically the following policy: "Policy 2. 2: Assure that new development is consistent and compatible with the existing character of the City. II The use of colors, subtle accent lighting, and minimal modifications to landscaping is in keeping with the surrounding buildings. Furthermore the modifications to the project are consistent with the City's Architectural Design Guidelines Chapter IV (B) General Commercial, which states: "Provide site-specific, innovative, high quality architectural design solutions" & "Facilitate pedestrian activity and access." The applicant has designed the building with high quality colors and lighting methods, which modernize the building and facilitate pedestrian activity by providing American Disabilities Act compliant accessibility from the public right-of-way. 3) The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the property is sufficient in size to accommodate the proposed modifications, comply with the development standards established for the drive aisles, parking stalls, and illumination standards, and provide adequate parking. 4) The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because the modifications to the building elevation will be compatible with the existing architecture and surrounding building colors. Furthermore the modifications to the project are consistent with the City's Architectural Design Guidelines Chapter IV (B) General Commercial, which states: "Provide site-specific, innovative, high quality architectural design solutions" & "Facilitate pedestrian activity and access." The applicant has designed the building with high quality colors and lighting methods, which modernize the building and facilitate pedestrian activity by providing American Disabilities Act compliant accessibility from the public right-of-way.

PC Agenda Report June 27, 2017 Page 7 of 8 5) The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the modifications to the color, architectural, lighting, and site access, will not result in a deficiency of parking spaces in accordance with the City's parking requirements and furthermore the modifications do not affect the existing bicycle and vehicular access, and improve the pedestrian access. 6) The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the modifications to the building elevation will complement the existing building with respect to color, illumination and maintaining a significant portion of the landscape design. ENVIRONMENTAL ANALYSIS: This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is Categorically Exempt (Section 15301 ; Class 1 "Existing Facilities") from further review. The project is consistent with Section 15301 because the modifications will not involve an expansion of use, but rather minor exterior alterations to paint colors, lighting, landscaping and improved pedestrian access. A Notice of Exemption (NOE) will be posted should the project receive final approval. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public meeting notice has been mailed to all property owners within 500 feet, as listed on the Orange County Real Property Tax Assessment rolls at least ten (1 0) days prior to the meeting, and has been posted at three public locations. This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On June 8, 2017, the Design Review Committee recommended support of AC17-004. ATTACHMENT($): Attachment 1 - Resolution 17-06-27 -XX Attachment 2- Letter of Intent from David Amestoy Architecture & Design Attachment 3 - Site Aerial Attachment 4- Paint Sample Board (David Amestoy Architecture & Design, March 14, 2017). Original will be presented at DRC meeting.

PC Agenda Report June 27, 2017 Page 8 of 8 ENCLOSURE(S): Enclosure 1 - Carl's Jr. Improvement Plans (David Amestoy Architecture & Design, May, 4 2017)

PC RESOLUTION NO. 17-06-27 -XX ARCHITECTURAL CONTROL (AC) 17-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 17-004 FOR THE CARL'S JR. LOCATED AT 31852 DEL OBISPO STREET {ASSESSOR PARCEL NUMBERS 668-241-07) {CARL'S JR.) Whereas, David Amestoy, Enterprises LLC, 4607 Vallecito Dr., Yorba Linda, CA 92886 (the "Applicant"), has requested approval of Architectural Control (AC) 17-004 for Carl's Jr. to modify the building colors, accent lighting, and landscaping in order to address accessibility requirements at 31852 Del Obispo Street, which is General Plandesignated General Commercial, and classified as General Commercial (GC) on the Official Zoning Map (the "Project"); and, Whereas, Wiles' Restaurant Inc., the owner of real property located at 31852 Del Obispo Street, San Juan Capistrano, CA92675 (APN: 668-241-07), has consented to such application; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, The City's Environmental Administrator has determined that the project is Categorically Exempt (Section 15301 ; Class 1 "Existing Facilities") from further review. The project is consistent with Section 15301 because the modifications will not involve an expansion of use, but rather minor exterior alterations to paint colors, lighting, landscaping and improved pedestrian access. A Notice of Exemption (NOE) will be posted should the project receive final approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the project is Categorically Exempt (Section 15301 ; Class 1 "Existing Facilities") from further review under the California Environmental Quality Act. The project is consistent with Section 15301 because the modifications will not involve an expansion of use, but rather minor exterior alterations to paint colors, lighting, landscaping and improved pedestrian access. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subparagraph (A) of Paragraph (3) of Subsection (b) of Section 9-3.529, Lighting Standards of Title 9, Land Use Code of the City of San Juan Capistrano: 1) The lighting will illuminate the parapet architectural feature, which extends above the roof tile which is existing on the current Carl's Jr. restaurant. ATTACHMENT 1

PC Resolution 17-06-27 -XX 2 June 27 2017 2) The architectural lighting proposal will enhance the design of the project because it complements the architectural style, is designed to draw the eye to an otherwise simple fascia or parapet wall, provides architectural-interest and because is not being used to illuminate signage. 3) The architectural lighting fixtures are to be located on the building, and will be obscured by the proposed cap, which will ensure the light fixture will not be visible to the public. 4) The architectural lighting fixtures are to be located and designed so that the actual lamp and reflector will not be visible to the public. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by, Subsection (c) of Section 9-2.313, Architectural Control of Title 9, Land Use Code of the City of San Juan Capistrano: 1) The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code, specifically the General Commercial zone (no Specific Plan or Comprehensive Development Plan applies), because the modification to the exterior of the building proposes colors and lighting which is consistent with the architectural style of the existing and surrounding buildings within the General Commercial zone. 2) The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the modifications are consistent with: "Land Use Goal 2: Control and direct future growth within the City to preserve the rural village-like character of the community," and specifically the following policy: "Policy 2. 2: Assure that new development is consistent and compatible with the existing character of the City. " The use of colors, subtle accent lighting, and minimal modifications to landscaping is in keeping with the surrounding buildings. Furthermore the modifications to the project are consistent with the City's Architectural Design Guidelines Chapter IV (B) General Commercial, which states: "Provide site-specific, innovative, high quality architectural design solutions" & "Facilitate pedestrian activity and access." The applicant has designed the building with high quality colors and lighting methods, which modernize the building and facilitate pedestrian activity by providing American Disabilities Act compliant accessibility from the public right-of-way. 3) The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as

PC Resolution 17-06-27 -XX 3 June 27. 2017 otherwise approved because the property is sufficient in size to accommodate the proposed modifications, comply with the development standards established for the drive aisles, parking stalls, and illumination standards, and provide adequate parking. 4) The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because the modifications to the building elevation will be compatible with the existing architecture and surrounding building colors. Furthermore the modifications to the project are consistent with the City's Architectural Design Guidelines Chapter IV (B) General Commercial, which states: "Provide site-specific, innovative, high quality architectural design solutions" & "Facilitate pedestrian activity and access." The applicant has designed the building with high quality colors and lighting methods, which modernize the building and facilitate pedestrian activity by providing American Disabilities Act compliant accessibility from the public right-of-way. 5) The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the modifications to the color, architectural, lighting, and site access, will not result in a deficiency of parking spaces in accordance with the City's parking requirements and furthermore the modifications do not affect the existing bicycle and vehicular access, and improve the pedestrian access. 6) The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the modifications to the building elevation will complement the existing building with respect to color, illumination and maintaining a sig nificant portion of the landscape design. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends approval of a Notice of Exemption and 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 5:00p.m., Wednesday, July 12, 2017. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on June 27, 2019, unless a time extension request has been submitted or a building 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.

PC Resolution 17-06-27 -XX 4 June 27 2017 LOCATION AND 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 Assistant Development Services Director is the custodian of the record of proceedings. PASSED, APPROVED AND ADOPTED this 2?'h day of June, 2017. Mark Speros, Chairman Sergio Klotz, AICP, Assistant Director Secretary

May4, 2017 DAVID AMESTOY ARCIUTF.cTURE & DESIGN 4607 VAU.EC!TO DR YORBA UNDA. CA 92886 714. 974. 6357 Ms. Laura Stokes Housing Coordinator I Assistant Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 926 75 RE: Development Advisory Board (DAB) Review of Architectural Control (AC) 17-004, Carl's Jr. Architectural Modification; 31852 Del Obispo Street (Assessor Parcel Number 668-241-07) REVISED LETTER OF INTENT Ms. Stokes, The purpose ofthe project referenced above is to provide an accessible path of travel from City sidewalk to building entrance including ramps, curb ramps, walks and accessible parking to meet Americans with Disabilities Act requirements. The project will also incjude repainting of the buijdjng with new color scheme. We wijj also provide accent lighting at the top of the roof parapet. We are updating the colors to meet Carl's Jr. corporate standards. This is required by Carl's Jr. Corporate to maintain the francruse agreement. Regards, David Amestoy, NCARB, A.l.A., CASp --------- ATTACHMENT 2

Site Maps Site- ATTACHMENT 3

Zoning-

Land Use-

sw 7037 249 c; Balanced Beigt> P1 sw 7020 BLACK FOX P2 sw 7081 DOVETALE P3 SW7037 BALANCED BEIGE P4 sw 6258 TRICORN BLACK P5 SW6866 HEARTTHROB CARL'S JR. 31852 DEL OBISPO SAN JUAN CAPISTRANO MAR 1 4 2017 ATTACHMENT 4