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PC Resolution-19-01-22-02PC RESOLUTION NO. 19-01-22-02 CONDITIONAL USE PERMIT (CUP) 18-010 ARCHITECTURAL CONTROL (AC) 18-028 SIGN PROGRAM (SP) 18-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TYPE 20 LICENSE FOR "OFF-SALE BEER & WINE" IN CONJUNCTION WITH A SERVICE STATION BUSINESS, A REQUEST FOR ARCHITECTURAL CONTROL TO ALLOW AN EXPANSION AND CONVERSION OF AN EXISTING AUTO REPAIR FACILITY ASSOCIATED WITH THE SERVICE STATION AND SIGN PROGRAM TO ALLOW FOR A WALL MOUNTED SIGN FOR THE NEW SMALL MARKET, SIGNS ON THE PUMPS AND A NEW MONUMENT PRICE SIGN TO REPLACE AN EXISTING MONUMENT PRIE SIGN LOCATED AT 26571 JUNIPERO SERRA. (ASSESSOR PARCEL NUMBER 649-361-04) (APPLICANTS: SORIN ENACHE AND FRED COHEN) Whereas, Bill Stewart, owner of the subject business and property, has requested approval of Conditional Use Permit (CUP) 18-010, a request to allow the sale of beer and wine for off-site consumption in conjunction with the operation of an existing Chevron service station, Architectural Control (AC) 18-028 a request to allow an 269 square foot expansion and conversion of an auto repair facility associated with the Chevron service station into a small market and a Sign Program (SP) 18-030 to allow a new building mounted sign, signs on the pump and a digital monument price sign located at 26571 Junipero Serra (Assessor Parcel Number 649-361-04). The subject property, located on the northwest corner of Junipero Serra and the southbound off ramp of the San Diego Freeway and has a General Plan and Zoning Designation of Neighborhood Commercial; and, Whereas, Bill Steward is the owner of real property located 26571 Junipero Serra (Assessor Parcel Number 649-361-04); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Sign Program and Architectural Control applications were filed concurrently with the Conditional Use Permit application, so the Planning Commission reviewed all applications; and Whereas, the Environmental Administrator has reviewed the project pursuant to the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 1 categorical exemption involving negligible or no expansion and interio_r or exterior alterations. A Notice of Exemption will be filed; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to the California Environmental Quality Act PC Resolution 19-01 -22-02 2 January 22 . 201 9 (CEQA); and, Whereas, the Design Review Committee (DRC) reviewed the plans on December 13, 2018 and recommended that the item move forward to the Planning Commission; and Whereas, the Planning Commission conducted a duly-noticed public hearing on January 22, 2019 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 has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Administrator has determined that the proposed project is categorically exempt per Section 15301, Existing Facilities. The Class 1 exemption allows minor alterations of existing facilities involving negligible or no expansion of use beyond what is existing currently. 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 9-2.317 (Conditional Use Permit) of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use is consistent with the maps and policies of the General Plan, because the proposed retail sale of alcohol is consistent with Land Use Element Policy 1.2, which encourages commercial and tourist-oriented development that is compatible with existing land uses and improves the generation of sales tax. The proposed retail sale of alcohol is also consistent with 3.0 Neighborhood Commercial land use designation which permits retail business activities serving a community-wide area and population or broader market. 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code because off-sale alcoholic beverages are expressly allowed subject to the approval of a Conditional Use Permit in the Neighborhood Commercial zoning district. 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application. The existing building is expanding by 269 square feet within the confines of the existing roof and in compliance with required setbacks. Establishing a new component of the existing retail use within an existing structure previously used for auto repair can be easily accommodated on the subject site. 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof and will not generate excessive PC Resolution 19-01-22-02 3 January 22, 201 9 light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because, as conditioned, the use will be similar in nature to other businesses operating in the vicinity. Additionally, the proposed use will not negatively affect residential uses as there are no adjacent residences. 5. The site for the proposed use has adequate access and parking to support as the use consists only of establishing a new component of the existing retail use within an existing commercial structure and tenant space previously used for auto repairs. Existing vehicular circulation will remain and no further parking is required. 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 complies 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 project is a remodel and a small addition of an existing commercial building, which is permitted in the Neighborhood Commercial District. Gasoline or fuel dispensing facilities are conditionally permitted uses in the Neighborhood Commercial District. Additionally, the proposed project meets all development standards. 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 project will utilize materials and colors such as earth tone colors, and sand finish stucco which will enhance the appearance of the existing building. The expansion conforms to the setback requirements as the expansion is confined to the existing footprint of the building. 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 project will remodel an existing commercial building, remove existing metal containers, resurface the lot and restripe the parking spaces without a triggering code exemptions. The remodel and minor expansion will comply with all applicable development standards established for the property. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City as project alterations are considered architectural enhancements because removing the roll-up doors and replacing with stucco walls and glazing is an improvement to the current architectural style of the auto repair building. 5. No changes are proposed to the vehicular circulation plan, therefore, the site plan will continue to provide functional and safe vehicular, bicycle and pedestrian PC Resolution 19-01-22-02 4 January 22, 2019 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 because the project will remodel an existing commercial building which will incorporate design features and landscaping that are complementary to the surrounding uses and improvements. 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 Permits and Sign Programs) it 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 sign program is consistent with the following General Plan Community Design Element policy and Design Guidelines: • General Plan Community Design Element Policy 1.2 Encourage high- quality and human scale design in development to maintain the character of the City. The signs are to be constructed from durable industry standard materials, and the size of the signs complies with the Municipal Code, which limits the size (height and width) to ensure a human scale. Design Guidelines, Chapter 8, Signs C. General Sign Design Guidelines 1. Colors a. Restrained use of color is recommended, use of multiple colors is discouraged. c. Use of contrasting colors to achieve visually pleasing signs should be considered as part of the sign design process. 2. Materials a. The following materials are recommended for signs in San Juan Capistrano: • High-density pre-formed internally illuminated, reverse letter and backlit channel letter signs are encouraged. 3. Sign Copy/Lettering Style/Spacing a. A limited number of lettering styles should be employed in sign design to increase legibility. The number of different lettering types should not exceed two for small signs and three for larger signs. b. Avoid usinq overly intricate typefaces as well as crowdinq of the siqn text. 5. Placement a. Signs should be placed in proximity to the main business entrance. b. Wall siqn placement should be coordinated with architectural features. C. Wall and Building Signs a. Wall siqns should not project away from the surface upon which they are PC Resolution 19-01-22-02 5 January 22, 201 9 attached by more than the minimum required distance for construction purposes and in no case b more than 12 inches. 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 do not exceed the total signage allowed by the Municipal Code and conform to the standards for service station signs in Section 9-3.541 (Service and fuel dispensing stations). 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because the signs will not impact the right of way and will conform to the standards established in the Design Guidelines and Section 9- 3.541 of the Mun icipal Code. · · NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. 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 Development Services Director is the custodian of the record of proceedings. 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. PASSED, APPROVED AND ADOPTED this 22nd day of January, 2019. Tim~ EXHIBIT A RESOLUTION #: 19-01-2-02 CONDITIONS OF APPROVAL Project#: CUP 18-010, AC 18-028 and SP 18-030 Project Name: Chevron Service Station Conversion-Extra Mile APPROVAL DATE: January 22, 2019 EFFECTIVE DATE: February 6, 2019 EXPIRATION DATE: February 6, 2020 These conditions of approval apply to Conditional Use Permit (CUP) 18-010, a request to allow the sale of beer and wine for off-site consumption in conjunction with the operation of an existing Chevron service station, Architectural Control (AC) 18-028 a request to allow an expansion and conversion of an auto repair facility associated with the Chevron service station into a small market and a Sign Program (SP) 18-030 to allow a new building mounted sign, signs on the pump and a digital monument price sign located at 26571 Junipero Serra . Any proposed change of use shall be submitted to the City Development Services Department, along with the required application and deposit or fee, for review. For the purpose of these conditions, the term "applicant" shall also mean the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. Conditional Use Permit (CUP) 18-010, is granted to establish and operate the off-premise sale of beer and wine in conjunction with the operation of a service station within a 1,809 sq. ft. (including the 269 square foot expansion) commercial service station, Architectural Control (AC) 18-028 is granted to allow the conversion, 269 square foot expansion and remodel of the existing auto repair facility into a small market and Sign Permit (SP) 18-030 is granted to allow a new building mounted walls sign, signs on the pumps and a new digital monument prices sign to replace an existing monument price sign all located at sign located at 26571 Junipero Serra (Sorin Enache and Fred Cohen). Approval is granted based on the application materials submitted by Sorin Enache and Fred Cohen applicants. These plans, materials and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an application and the required deposit or fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (151h) day after the date of the Planning Commission's approval and shall expire twenty-four (24) months after the approval unless the use or occupancy which is the Planning Commission Resolution 19-01-22-02 CUP 18-010, AC 18-028, SP 18-030 Final Conditions of Approval January 22, 2019 Page 2 of 4 subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Development Services Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2. Approval of this application does not relieve the applicant from complying with other applicable federal, state, County of Orange or City regulations or requirements. (PLN) 3. The applicant or his/her successors in ownership, shall be responsible for informing all subcontractors, consultants, engineers, other business entities providing services related to the project, or any subsequent owner should the project be sold, of their responsibilities to comply with these conditions and all pertinent requirements in the San Juan Capistrano Municipal Code, including, but not limited to, the requirements for all contractors to obtain a City business license, and for approval by the Planning Department of a Temporary Use Permit for construction trailers and staging areas. (PLN). 4. The applicant, its agents, and assignees shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall pay all fees at the time fees are determined payable, including any required supplemental plan check fees due to plan revisions, and comply with all requirements of the applicable federal, state, County of Orange, City and other local agencies. (PLN) 6. The applicant or his/her successors in ownership shall be responsible for the on-going maintenance and upkeep of the developed and undeveloped portions of the site, in accordance with the City's Municipal Code. (PLN) 7. Prior to the submittal of plans for building permits the applicant shall submit in the necessary paper work for the processing of the Public Planning Commission Resolution 19-01-22-02 CUP 18-010, AC 18-028, SP 18-030 Final Conditions of Approval January 22, 2019 Page 3 of 4 Convenience/Necessity form from the Alcoholic Beverage Control Agency. Prior to the issuance of building permit said form shall be approved by the City of San Juan Capistrano City Council. Should the required form be denied by the City Council the approval of the Conditional Use Permit shall become null and void unless the applicant obtains a type twenty license which does not require an approved Public Convenience/Necessity form. (PLN) 8. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, traffic safety or any public nuisances arising or occurring incidental to the establishment or operation and shall meet the requirements of these conditions of approval on a continuing basis. Failure to meet these requirements may be grounds for revocation of this Conditional Use Permit. (PLN) 9. Should any revocation of the required license for the sales of alcohol occur by the Alcohol Beverage Control, the Conditional Use Permit shall become null and void. (PLN) 10. A Sign Permit shall be required prior to the installation of new signage 11. The applicant shall contact the Planning Department to schedule an inspection prior to the Building Permit being finaled. 12. Pursuant to Section 8-1 .03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery and/or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: Monday through Friday Saturday 7:00 a.m. to 6:00 p.m. 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official. 13. The applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. 14. The operating hours shall be no more restrictive then the operating hours of the service station/convenient store located across the street at 26572 Junipero Serra Road. Planning Commission Resolution 19-01-22-02 CUP 18-010, AC 18-028, SP 18-030 Applicant Acceptance of Conditions of Approval: By: Applicant/Agent Final Conditions of Approval January 22, 2019 Page 4 of 4 Date