PC Resolution-15-08-11-01PC RESOLUTION NO. 15-08-11-1
ARCHITECTURAL CONTROL (AC) 15-011
SIGN PERMIT (SP) 15-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 15-011
AND SIGN PERMIT (SP) 15-010 FOR THE IMPERIO KIA DEALERSHIP LOCATED AT
33611 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS 121-240-19AND 121-
254-41) (IMPERIO KIA)
Whereas, Jamie Poladian, Carlile CoatsworthArchitects, 2495 Campus Drive,
Irvine, CA 92612 (the "Applicant"), has requested approval of Architectural Control (AC) 15-
011 and Sign permit (SP) 15-010 for Imperio KIA to modify the exterior of the building and
repaint the building "Swiss Coffee" with a "Charcoal Slate" trim, remove the tower windows
and details, and modify the approved sign program for the existing dealership located 400
feet north of Stonehill Drive at 33611 Camino Capistrano, which is General Plan-
designated Quasi-Industrial (QI), and classified as Commercial Manufacturing (CM) on the
Official Zoning Map (the "Project"); and,
Whereas, Weseloh Family Limited Partnership, the owner of real property
located at 33611 Camino Capistrano (APN: 121-240-19 and 121-254-41), 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 are minor exterior
alterations that include re-painting and building mounted signs. 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); and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on August 11, 2015, pursuant to Title 9, Land Use Code, Section 9-2 .302 and City Council
Policy 5 to consider public testimony on the proposed project and has considered all
relevant public comments.
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
PC Resolution 15-08-11-1 2 August 11 .2015
modifications are minor exterior alterations that include re-painting and building mounted
signs.
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, 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 and any applicable specific plan
or comprehensive development plan because the modification to the exterior of the
building proposes an earth tone color that is consistent with the architectural style of
the building and the proposed signs comply with the maximum allowed sizes.
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."
Furthermore the modifications to the project are consistent with the City's
Architectural Design Guidelines Chapter VI (B) Vehicle Dealerships; which states
that:
"Buildings should be well articulated and stylistically consistent on all sides."
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, and provides
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 and sign program will be compatible with the
existing architecture. Furthermore, the modifications to the project are consistent
with the City's Architectural Design Guidelines Chapter VI (B) Vehicle Dealerships;
which provides:
"Buildings should be well articulated and stylistically consistent on all sides."
PC Resolution 15-08-11-1 3 August 11 , 201 5
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the modifications to the building elevation and sign program
will not result in the removal of any parking spaces and furthermore the
modifications do not affect the existing bicycle and 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 and sign program
will complement the existing building with respect to height, architectural style,
details, and color.
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, Section 9-2.343, Sign Permit of Title 9, Land Use Code of the City of
San Juan Capistrano:
1. The sign program is consistent with the General Plan and Design Guidelines, and is
complementary to the architecture and design of the development project because
the modifications sign program will be compatible with the existing architecture.
Furthermore, the modifications to the sign program are consistent with the City's
Architectural Design Guidelines Chapter VIII (C) Signs; which provides:
"The sign design should enhance the selected project style or theme."
"Sign size and proportions should be in scale with the building onto which it is
placed."
"Freestanding monument signs should be located within landscaped areas,
perpendicular to approaching traffic and positioned to provide clear lines of sight at
intersections and driveway approaches."
2. The sign program conforms to all applicable requirements of this Code and any
applicable specific plan or comprehensive development plan because the proposed
signs comply with the maximum allowed sizes in the Municipal Code.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the adjacent auto dealerships provide signs
that identify the name of the dealership and service areas.
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, August
26, 2015. This project approval shall be valid for a period of 2 years from the date of
PC Resolution 15-08-11-1 4 August 11 , 2015
approval of this resolution, and shall expire on August 11, 2017, 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.
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 11 1h day of August, 2015 .
Sheldon Cohen, Chairman
Ser lotz, AICP, Assistant Director
Secretary
EXHIBIT A
PC RESOLUTION NO. 15-08-11-1
CONDITIONS OF APPROVAL
PROJECT LOG#: Architectural Control (AC) 15-011
Sign Permit (SP) 15-010
PROJECT NAME: Imperio KIA
PC APPROVAL DATE: August 11, 2015
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.
GENERAL CONDITIONS:
A. Project Plans. The subject project consists of Architectural Control (AC) 15-011
and Sign Permit (SP) 15-010 to modify the exterior of the building and repaint the
building "Swiss Coffee" with a "Charcoal Slate" trim, remove the tower windows
and details, and modify the approved sign program for the existing dealership
located 400 feet north of Stonehill Drive at 33611 Camino Capistrano (the
"Project"). This Project approval is based on and subject to the application
materials prepared by Carlile Coatsworth Architects (Architects) including site
plan(s), building 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 pursuant to Article 9-2.301, Development
Review Procedures of Title 9, Land Use Code.
B. Compliance With Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State, County
or City regulations or requirements. The applicant shall comply with all
requirements of the City of San Juan Capistrano Municipal Code, all
requirements of City ordinances, resolutions, and all applicable standards and
policies that are in effect at the time that building permits are issued for the
development.
C. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed,
when required, only by those individuals legally authorized to do so.
D. Legal Defense. The applicant, its agents, and assignees shall defend, indemnify
and hold harmless the City of San Juan Capistrano, its elected and appointed
officials and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, void, or annul any land use approval associated
with this Project, including but not limited to environmental approvals under
CEQA, architectural control approvals, use permit approvals, or other applicable
City Municipal Code Title 9 land use approvals. Upon notice provided by City to
the applicant, its agents, or assignees, of service of process of such claims or
actions, the Project proponent, its agents, and assignees, shall immediately act
PC Resolution 15-07-28-1
AC 15-011/SP 15-010, Imperio KIA
Page 2 of 6 pages
Conditions of Approval
Date of Approval: August 11, 2015
to provide an appropriate defense to such claims or actions. The applicant shall
consult with the City Attorney regarding appropriate defense counsel in the event
of the filing of such claims or actions. (DSD)
E. Discrepancy Clause. 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.
F. Fees. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the City of San Juan Capistrano Municipal
Code Section 9.5.1 01 and applicable federal, state, and local agencies. The duty
of inquiry as to such requirements shall be upon the applicant.
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN
CONJUNCTION WITH THE ISSUANCE OF ANY IMPROVEMENT f>ERMIT(S),:
1.1 Permits Required . Prior to the commencement of any construction activity, a
permit shall be required. All improvement work, whether performed on-site or off-
site, shall require approved plans and a permit to ensure the integrity and safety
of all existing and proposed improvements affected by construction activities.
(PW&UD.)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
2.1 Applicable Codes. Prior to issuance of building permits, plans for this Project
shall be submitted to the Building and Safety Division for review and approval,
and shall comply with the latest City-adopted edition of the applicable building
codes. (B&S)
2.2 Temporary Use Permit (TUP). Prior to issuance of building permit, a TUP for a
construction trailer, fencing and storage of materials shall be submitted to the
Development Services Department for review and approval. (DSD)
3. THE FOLLOWING GENERAL CONDITIONS SHALL BE SATISFIED:
3.1 Final Inspection. Prior to the completion of the Project, the applicant shall
schedule a final inspection with the Development Services Department. (DSD)
Responsible Departments/Agencies: DSD:
DSD-B&S:
PW&UD:
OCFA:
Applicant Acceptance of Conditions of Approval:
Signature of (name & title)
Development Services Department
DSD Building & Safety Division
Public Works and Utilities Department
Orange County Fire Authority
Date
EXHIBIT A
PC RESOLUTION NO. 15·08-11-1
CONDITIONS OF APPROVAL
PROJECT LOG#: Architectural Control (AC) 15-011
Sign Permit (SP) 15-010
PROJECT NAME: imperio KIA
PC APPROVAL DATE: August 11,2015
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.
GENERAL CONDITIONS:
A. Prolect Plans. The subject project consists of Architectural Control (AC) 15-011
and Sign Permit (SP) 15-01 0 to modify the exterior of the building and repaint the
building "Swiss Coffee" with a "Charcoal Slate" trim, remove the tower windows
and details, and modify the approved sign program for the existing dealership
located 400 feet north of Stonehlll Drive at 33611 Camino Capistrano (the
"Project''). This Project approval Is based on and subject to the application
materials prepared by Carlile Coatsworth Architects (Architects) Including site
plan(s), building elevatlon(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 pursuant to Article 9-2.301, Development
Review Procedures of Title 9, Land Use Code.
B. Compliance With Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State, County
or City regulations or requirements. The applicant shall comply with ali
requirements of the City of San Juan Capistrano Municipal Code, ali
requirements of City ordinances, resolutions, and all applicable standards and
policies that are In effect at the time that building permits are Issued for the
development.
C. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes , legal documents, and designs shall be prepared, stamped and signed,
when required, only by those individuals legally authorized to do so.
D. Legal Defense. The applicant, Its agents, and assignees shall defend, indemnify
and hold harmless the City of San Juan Capistrano, Its elected and appointed
officials and employees, and Its contract consultants, from any claim, action or
proceeding to attack, set aside, void, or annul any land use approval associated
with this Project, including but not limited to environmental approvals under
CEQA, architectural control approvals, use permit approvals, or other applicable
City Municipal Code Title 9 land use approvals. Upon notice provided by City to
the applicant, Its agents, or assignees, of service of process of such claims or
actions, the Project proponent, Its agents, and assignees, shall Immediately act
PC Resolution 15-07~28·1 Conditions of Approval
Date of Approval: August 11, 2015 AC 15-011/SP 15-010, Imperio KIA
Page 2 of 6 pages
-E.
F.
to provide an appropriate defense to such claims or actions. The applicant shall
consult with the City Attorney regarding appropriate defense counsel In the event
of the filing of such claims or actions. (DSD)
Discrepancy Clause. 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.
Fees. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the City of San Juan Capistrano Municipal
Code Section 9.5.101 and applicable federal, state, and local agencies. The duty
of Inquiry as to such requirements shall be upon the applicant.
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN
CONJUNCTION WITH THE ISSUANCE OF ANY IMPROVEMENT fERMIT(S),:
1.1 Permits Required. Prior to the commencement of any construction activity, a
permit shall be required. All Improvement work, whether performed on-site or off-
site, shall require approved plans and a permit to ensure the Integrity and safety
of all existing and proposed Improvements affected by construction activities.
(PW&UD.)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
2.1
2.2
Applicable Codes. Prior to issuance of building permits, plans for this Project
shall be submitted to the Building and Safety Division for review and approval,
and shall comply wlth the latest City-adopted edition of the applicable building
codes. (B&S)
Temporary Use Permit (TUP). Prior to issuance of building permit, a. TUP for a
construction trailer, fencing and storage of materials shall be submitted to the
Development Services Department for review and approval. (DSD)
3. THE FOLLOWING GENERAL CONDITIONS SHALL BE SATISFIED:
3.1 Final Inspection. Prior to the completion of the Project, the applicant shall
schedule a final inspection with the Development Services Department. (DSD)
DSD:
DSD·B&S: Responsible Departments/Agencies: Development Services Department
DSD Building & Safety Division
PW&UD:
OCFA:
Public Works and Utilities Department
orange County Fire Authority