PC Resolution-19-01-08-01PC RESOLUTION NO. 19-01-08;.01
SIGN PERMIT (SP) 18-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING SIGN PERMIT (SP} 18-034 FOR THE DEL
TACO MONUMENT SIGN LOCATED AT THE SOUTHEAST CORNER OF THE PARKING
LOT AT 31780 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 668-241-36 &
668-241-34)
Whereas, Del Taco, c/o CNP Signs & Graphics, the (the "Applicant"), has
requested approval of Sign permit (SP) 18-034 for Del Taco to demolish and reestablish a
monument sign on the freeway side of 31780 Del Obispo Street, which is General Plan
designated General Commercial (GC), and classified as General Commercial (GC) on the
Official Zoning Map (the "Project"); and,
Whereas, The Schwartz Family Trust, the owner of real property located at
31780 Del Obispo Street (APN: 668-241-36 & 668-241-34), 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 1507 4 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(b)(3), Sign Permit of Title 9, Land Use Code of the City
of San Juan Capistrano:
PC Resolution 19-01-08-01 2 January 8. 2019
1. The proposed Del Taco monument sign meets all design criteria within Municipal
Section 9-3.543, because the sign consists of Lexan panels, vinyl graphics, and
aluminum, painted to match the building color, which are used throughout the General
Commercial zone, is oriented on the corner of the property facing the Interstate 5
freeway traffic to achieve a balanced composition 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.
2. No Sign Program exists for the site. The request for a monument sign in the General
Commercial zone meets the maximum standards of 60 square foot area and 6'-0"
height. Granting the permit would allow the development of a 32 square foot sign, up to
6'-0" in height, and with external illumination, in accordance with the approved plans,
and other requirements of Section 9-3.543.
3. The proposed sign will not be 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 in the southeast corner of Del Taco parking lot which ensures that the sign does
not create a hazard to onsite vehicular or pedestrian traffic, nor adjacent properties.
Additionally, the sign is complementary to the architecture and design of the project site
which is a requirement of the City's Design Guidelines.
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 monument sign in the General Commercial zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves 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, January
23, 2019. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on January 8, 2021, 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 19-0 1-08-01 3 January 8. 2019
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 81h day of January, 2019 .
Sergio Klotz, AICP, Assistant Director
Secretary
EXHIBIT A
PC RESOLUTION NO. 19-01-08-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Sign Permit (SP) 18-034
PROJECT NAME: Del Taco Monument Sign
PC APPROVAL DATE: January 8, 2019
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) 18-034 to
demolish and re-establish a new monument sign for the existing Del Taco
restaurant at 31780 Del Obispo Street (APN: 668-241-36 & 668-241-34) (the
"Project"). This Project approval is based on and subject to the application
materials prepared by CNP Signs & Graphics, 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.
8. 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 19-01-08-01
SP18-034, Del Taco
Page 2 of 2 pages
Conditions of Approval
Date of Approval: January 8, 2019
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. Demolition of Existing Sign. Prior to building permit final on the monument sign,
the existing monument sign along the freeway shall be demolished in its entirety,
and the area of removal re-landscaped in accordance with the landscape plan.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN CONJUNCTION
WITH THE ISSUANCE OF ANY IMPROVEMENT PERMIT(S):
H. 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):
I. 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.
THE FOLLOWING GENERAL CONDITIONS SHALL BE SATISFIED:
J. Final Inspection. Prior to the completion of the Project, the applicant shall
schedule a final inspection with the Development Services Department.