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PC Resolution-18-11-13-01PC RESOLUTION NO. 18-11-13-01 SIGN PERMIT (SP) 18-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING SIGN PERMIT (SP) 18-02 FOR THE CAPISTRANO ROYALE SUBDIVISION MONUMENT SIGN LOCATED AT THE NORTHEAST CORNER OF HIGHLAND DRIVE AND IMPERIAL DRIVE (ASSESSOR PARCEL NUMBER 650-422-01) Whereas, Willier Masonry, the (the "Applicant"), has requested approval of Sign permit (SP) 18-020 for Capistrano Royale to establish a subdivision monument sign for the residential subdivision Capistrano Royale at the northeast corner of Highland Drive and Imperial Drive, which is General Plan designated General Open Space (GOS), and classified as General Open Space (GOS) on the Official Zoning Map (the "Project"); and, Whereas, Capistrano Royale Home Owners Association, the owner of real property located at the northeast corner of Highland Drive and Imperial Drive (APN: 650- 422-01 ), 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 15311; Class 11 "Accessory Structures") from further review. The project is consistent with Section 15311 because the project consists of construction of an on-premise sign, a minor structure, and accessory to an existing residential recreation facility. 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 15074 of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission conducted a duly-noticed public meeting on November 13, 2018, pursuant to Title 9, Land Use Code, Section 9-2.302 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 15311; Class 11 "Accessory Structures") from further review under the California Environmental Quality Act. The project is consistent with Section 15311 because the project establishes a sign, considered accessory to the overall subdivision. 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 9-2.543(k), Sign Permit of Title 9, Land Use Code of the City of San Juan Capistrano: PC Resolution 18-11-13-01 2 November 13 2018 1. The proposed sign complies with all other applicable criteria in the sign code, specifically the design of the sign is consistent with the surrounding community buildings, it is a non-illuminated monument sign therefore complies with the illumination standards of the code, is within the maximum size requirements for subdivision and monument signs, and the proposed landscaping at the base of the monument meets the design guidelines requirement. Furthermore, the location of the sign complies with the subdivision and monument requirements, which are permitted at the entry to a subdivision community and placement outside of sight-visibility triangle. 2. The sign, with 7.8 square foot sign copy area, will be in harmony with the site, the architectural design of the community clubhouse building, with the surrounding properties and is in scale with the location as well as subdivision monument signs located throughout San Juan Capistrano. 3. The sign is proposed to be located outside of the visibility triangle necessary for safe vehicular travel, which ensures that the sign does not create a hazard to pedestrians or vehicular traffic. NOW, THEREFORE, BE IT FURTHER RESOLVED, thatthe 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 proposed Capistrano Royale subdivision monument sign meets all design criteria within Municipal Section 9-3.543, because the sign consists of stucco, river rock veneer, stone, and aluminum which are used throughout the subdivision community but most similar to the community clubhouse which has river rock veneer, and similar colors, is oriented on the corner of the property facing entry traffic to achieve a balanced composition with of the site layout, is proposed to have drought tolerant landscaping at the base, and has a solid base. Additionally, the sign meets the Community Design Element Policy 1.2 Encourage high quality and human scale design in development to maintain the character of the City, because the sign will provide high quality materials, designed with vehicular traffic and circulation orientation in mind, and maintains similar design as residential subdivision signage found in the City. 2. Staff has determined that no Sign Program exists for the site. The request for a subdivision monument sign includes a request for an exception to the Sign Code to allow a sign in the General Open Space zone. The most restrictive standards for a subdivision and monument sign is 24 square foot area and 6'-0" tall and within the Residential and Tourist Commercial zones. Granting the exception for the proposed sign and the proposed sign's design with a height of 4'-0" and sign copy area of 7.8 square feet, enables the sign to conform to the minimum numerical size of the Residential and Tourist Commercial zones, height, and other requirements of Section 9-3.543. 3. Staff has determined that the proposed sign is not detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, and be compatible with surrounding areas. The sign is proposed to be located on a vacant corner of the community's Home Owner PC Resolution 18-11-13-01 3 November 13 2018 Association property and outside of the visibility triangle necessary for safe vehicular travel, which ensures that the sign does not create a hazard to adjacent properties. Additionally, the sign is generally consistent with the Design Guidelines, which require the sign to be complementary to the architecture and design of the project site. 4. The sign is appropriate within the context of the project .and compatible with the surrounding area due to the limited overall height and area of the signage. The sign is compatible with massing found throughout the site, and will not be maximizing the allowable size of signage for a subdivision monument sign. 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 5:00 p.m., Wednesday, November 28, 2018. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on November 13, 2020, 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 y of November, 2018 . · Ser~CP, Assistant Director Secretary EXHIBIT A PC RESOLUTION NO. 18-11-13-01 CONDITIONS OF APPROVAL PROJECT LOG #: Sign Permit (SP) 18-020 PROJECT NAME: Capistrano Royale Subdivision Monument Sign PC APPROVAL DATE: November 13, 2018 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 Sign Permit (SP) 18-020 to establish a subdivision monument sign for the existing residential subdivision at the northeast corner of Highland Drive and Imperial Drive (the "Project"). This Project approval is based on and subject to the application materials prepared by Willier Masonry, including site 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 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. 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 PC Resolution 18-11-13-01 SP18-020, Capistrano Royale Page 2 of 2 pages Conditions of Approval Date of Approval: November 13, 2018 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 9.5.101 and applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. G. Trenching or grading activities which excavate deeper than 18" requires the following monitoring: Archaeological Monitoring. Prior to issuance of a building 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 supervising archeologist. Nati ve American Monitor. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, and/or trenching on or below the original ground surface. The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered that may be considered sacred or important. H. Lighting . Any proposed lighting on the monument sign shall be considered by the Planning Commission prior to approval and Building Permit Submittal. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY IMPROVEMENT PERMIT(S): I. 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING PERMIT{S): J. Aoolicable 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. K. Landscaping. Prior to issuance of building permits, the applicant shall prepare and receive approval of a landscape plan for the Highland Drive and Imperial Drive corner. THE FOLLOWING GENERAL CONDITIONS SHALL BE SATISFIED: L. Fina l Inspection. Prior to the completion of the Project, the applicant shall schedule a final inspection with the Development Services Department.