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PC Resolution-20-03-10-01PC RESOLUTION NO. 20-03-10-01 SIGN PERMIT CSP) 19-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING SIGN PERMIT (SP) 19-034 FOR THE DEL TACO MONUMENT SIGN LOCATED AT THE SOUTHEAST CORNER OF DEL OBSIPO AND THE DEL TACO DRIVEWAY AT 31780 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 668-241-39)( DEL TACO) Whereas, Del Taco, c/o Signtech (the "Applicant"), has requested approval of Sign Permit (SP) 19-034 for Del Taco to re-construct a monument sign on the southeast corner of Del Obsipo and the Del Taco Driveway at 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: 668-241-39), 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 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 March 10, 2020, 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. Whereas, the Planning Commission conducted a duly-noticed public meeting on January 28, 2020 and continued consideration of the item to a future meeting, 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 an on-premise sign. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as PC Resolution 20-03-10-01 2 March 10 2020 established by, Section 9-2.543(b)(3), Sign Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed sign(s) is consistent with the design criteria of Section 9-3.543, Signs, the Community Design Element, and the Design Guidelines because the monument sign consists of vinyl graphics, stone pilasters 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 Del Obispo Street and Ortega Highway traffic to achieve a balanced composition of the site layout, is proposed to have landscaping at the base, and has a solid stone 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. The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the development project in which the sign is to be located because the sign will replace a former sign that was removed by Caltrans as a result of the Ortega Highway interchange project. 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 internal illumination, in accordance with the approved plans, and other requirements of Section 9-3.543. 3. The 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, be compatible with surrounding areas and be consistent with the City's adopted Architectural Design Guidelines because the sign is proposed to be located in the southeast corner of Del Obispo and the Del Taco driveway 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. In order to achieve maximum limits of sign area, there must be a finding that the sign is appropriate within the context of the project and compatible with the surrounding area. Numerical requirements are only guidelines and not guarantee. The proposed monument sign is located adjacent to a secondary arterial street and is oriented towards the corner intersection of Del Obispo Street and Ortega Highway; and is within an area that will be landscaped with groundcover and shrubs. Municipal Code Section 9-3.543, Signs, allows for a maximum of 60 square feet of sign area. The proposed monument sign provides 32 square feet of sign area and complies with the allowable maximum height of 6 feet. The monument sign is compatible with massing found throughout the site and will not be maximizing the size of sign area for 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 PC Resolution 20-03-10-01 3 March 10 2020 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, March 25, 2020. This project approval shall be valid for a period of 1 year from the date of approval of this resolution, and shall expire on March 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 protestthe 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 March, 2020. Howard Hart, Chairman Sergio Klotz, AICP, Assistant Director Secretary PC Resolution 20-03-10-01 3 March 10 2020 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, March 25, 2020. This project approval shall be valid for a period of 1 year from the date of approval of this resqlution, and shall expire on March 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 rch, 2020. EXHIBIT A PC RESOLUTION NO. 20-03-10-01 CONDITIONS OF APPROVAL PROJECT LOG #: Sign Permit (SP) 19-034 PROJECT NAME: Del Taco Monument Sign PC APPROVAL DATE: March 10, 2020 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) 19-034 to re- construct a new monument sign for the existing Del Taco restaurant at 31780 Del Obispo Street (APN: 668-241-39) (the "Project"). This Project approval is based on and subject to the application materials prepared by Signtech, 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 20-03-10-01 SP19-034, Del Taco Page 2 of 2 pages Conditions of Approval Date of Approval: March 10, 2020 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY IMPROVEMENT PERMIT(S): G. 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): H. 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: I. Final Inspection. Prior to the completion of the Project, the applicant shall schedule a final inspection with the Development Services Department. J. Landscape Design. The landscaping at the base of the monument sign and within the entire parcel on which the monument sign is located shall match the plant pallet of the Ortega Highway Gateway Project to the satisfaction of the Development Services Director. Said plant pallet shall include Pepper and Citrus trees. The landscaping within the entire parcel on which the monument sign is located shall be installed prior to building permit final. K. Monument Sign Location. The face of the monument sign shall be located 20 feet from the adjacent back of sidewalk, as measured from the midpoint of the curved sidewalk's radius.