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