PC Resolution-19-09-10-01PC RESOLUTION NO. 19-09-10-01
SIGN PERMIT PROGRAM CSP) 19-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING SIGN PERMIT PROGRAM (SP) 19-021 FOR
A REPLACEEMNT MONUMENT SIGN AT THE ORTEGA SHELL LOCATED AT 27101
ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 650-151-28) (ORTEGA SHELL)
Whereas, Deeanne Flores, Donco & Sons, Inc. (the "Applicant"), has
requested approval of Sign Permit Program (SP) 19-021 for Ortega Shell to modify the
approved sign program for the existing service station by replacing a monument sign
located at 27101 Ortega Highway, which is General Plan-designated General Commercial,
and classified as General Commercial (GC) on the Official Zoning Map (the "Project"); and,
Whereas, 3M Holding Co LLC, the owner of real property located at
27101 Ortega Highway (APN: 650-151-28), 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,
Whereas, 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 (a) because the project consists
of construction of an on-premise sign, a minor structure, accessory to an existing
commercial 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 September 10, 2019, 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 15311; Class 11 "Accessory Structures") from further review under the California
Environmental Quality Act. The project is consistent with Section 15311 (a) because the
project consists of construction of an on-premises sign, a minor structure, accessory to an
existing commercial facility.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
PC Resolution 19-09-10-01 2 September 10, 2019
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 modification is to relocate the previously approved and demolished
monument sign within the boundaries of the shell service station. The proposed
monument sign is consistent with the General Plan and Design Guidelines, and is
complementary to the architecture and design of the development project. The
proposed monument sign is consistent with the General Plan because additional
signage is permitted in the general commercial land use and supports the Land Use
Element Policy 1.2, of encouraging commercial development that is compatible with
existing land uses within the City to improve the generation of sales tax, by ensuring
visibility of the use which will assists in the creation of sales tax. The proposed
monument sign was reviewed for consistency with Design Guidelines by the Design
Review Committee who found the sign to be compliant. Furthermore, the
modifications to the sign permit program are consistent with the City's Architectural
Design Guidelines Chapter VIII (C) Signs; which provides:
"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."
The sign is perpendicular to traffic exiting from the north bound 1-5 freeway to
Ortega Highway and remains clear of the 25 foot line of sight triangle at the site's
Ortega Highway driveway.
2. The sign permit program conforms to all applicable requirements of this Code and
any applicable specific plan or comprehensive development plan because the
proposed relocation and proposed design sign will comply with the maximum
allowed sizes, illumination, and setbacks in the Municipal Code as shown in the
below table:
6'-0"
32 S uare Feet
-3'-0"
3. The previously approved sign program, including the proposed monument sign, is
generally compatible with the design character of adjacent properties and/or rights-
of-way because the other service stations within the City and with the same zoning
have similar signage sizes, illumination, and designs identifying the service station
and station pricing according to state requirements.
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.
PG Resolution 19-09-1 0-01 3 September 10. 2019
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,
September 25, 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 September 10, 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.
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 101h day of September, 2019.
Sergio Klotz, AICP, Assistant Director
Secretary
EXHIBIT A
PC RESOLUTION NO. 19-09-10-01
CONDITIONS OF APPROVAL
PROJECT LOG#: Sign Permit Program (SP) 19-021
PROJECT NAME: Ortega Shell
PC APPROVAL DATE: September 10, 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 Program (SP) 19-021
to modify the approved sign program to allow for replacement of the monument
sign for the existing service station at 27101 Ortega Highway (the "Project"). This
Project approval is based on and subject to the application materials prepared by
Donco & Sons, Inc. 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. (DSD)
PC Resolution 19-09-10-01
SP19-021, Ortega Shell
Page 2 of 2 pages
Conditions of Approval
Date of Approval: September 10, 2019
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 9.5.101 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·PERMIT(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)
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: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW&UD: Public Works and Utilities Department