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PC Resolution-20-10-13-01PC RESOLUTION NO. 20-10-13-01 SIGN PERMIT (SP) 20-019 AND SIGN PROGRAM (SP) 20-025 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 SIGN PERMIT, SIGN PROGRAM, & SIGN EXCEPTION RELATED TO A REQUEST TO ALLOW FOR A NEW MONUMENT SIGN AND AN UPDATED SIGN PROGRAM TO ALLOW FOR AN INCREASE, ABOVE THE MUNICIPAL CODE MAXIMUM SIGN AREA, IN THE SQUARE FOOTAGE OF BUILDING MOUNTED SIGNAGE FOR PROPERTY LOCATED AT 31876 DEL OBISPO STREET (ASSESSOR PARCEL NUMBER 668- 241-21) (APPLICANT: ANDREW STROSCHER, PROPERTY OWNER) Whereas, Andrew Stroscher, 32101 Cook Lane, San Juan Capistrano, CA 92675, has requested approval of Sign Permit (SP) 20-019, Sign Program (SP) 20-025, and a sign exception request, to update an existing sign program for a multi-tenant commercial building at 31876 Del Obispo Street (APN: 668-241-21). The proposed amendment would allow for an increase in the square footage on the tenant storefront identification signage. The applicant concurrently is seeking a sign exception request to allow for the building mounted sign to exceed the maximum sign area permitted by the Land Use Code. The applicant has also submitted plans to allow for the installation of a monument sign. The subject property, generally located on the west side of Del Obispo Street and south of Ortega Highway, has a General Plan Land Use Designation and a Zoning Designation of General Commercial; and, Whereas, Stroscher, Theodore H, is the owner of real property located at 31876 Del Obispo Street (APN: 666-261-09); 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 entire project is categorically exempt from further review under Section 15311 Accessory Structures, Class 11 (a), as the Sign Program and the eventual installation of new signs on the property constitutes the placement of minor structures accessory to an existing commercial facility. A Notice of Exemption (NOE) wou1d be filed with the County Recorder's Office within 5 days 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), has considered all project environmental documentation; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on October 13, 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; and, PC Resolution 20-10-13-01 2 October 13. 2020 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the entire project is Categorically Exempt from further review under the California Environmental Quality Act per State CEQA Guidelines Section 15311; Class 11 "Accessory Structures". The entire project is exempt under Section 15311 as the Sign Program and the eventual installation of new signs on the property constitutes the placement of minor structures 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 as established by, Subsection (b)(3) of Section 9-2.343, Sign Permits and Sign Programs of Title 9, Land Use Code of the City of San Juan Capistrano: A. The proposed monument sign meets all design criteria within Municipal Section 9- 3.543, because the sign would be painted and designed to match the existing building, is oriented to achieve a balanced composition and harmony with other architectural elements of site, is placed within an existing landscape area, and it has a solid base provided with landscaping. 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 is designed with high quality materials, designed for vehicular traffic and circulation orientation, and maintains a similar design of signage found in the City. B. The monument sign complies with the criteria of the Sign Code with respect the standards for property within the General Commercial zone, as it conforms to the size, height, and design requirements of Section 9-3.543. Furthermore, the monument sign, and related developmenUdesign standards, would be incorporated into the amended sign program. C. Staff has determined that the proposed sign is not detrimental to the public health, safety, or welfare; would 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 because the sign is proposed to be located within an existing landscape area and outside of the visibility triangle necessary for safe vehicular travel, which ensures that the sign does not create a hazard to adjacent properties, and is generally consistent with the Design Guidelines, which require the sign to be complementary to the architecture and design of the project site. D. Staff has determined that the sign is appropriate within the context of the project and compatible with the surrounding area due to the massing of the signage being compatible with the overall massing of the site, and not proposing the maximum allowable size of signage for a monument 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 established by, Subsection (c)(3) of Section 9-2.343, Sign Permits and Sign Programs of Title 9, Land Use Code of the City of San Juan Capistrano: PC Resolution 20-10-13-01 3 October 13 2020 A. 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 hiqh- quality and human scale design in development to maintain the character of the Citv. The signs are to be constructed from durable industry standard materials, and the size of the signs, with exception of the sign exception request, complies with the Municipal Code, which limits the size (height and width) to ensure a human scale. • Policy 8,C.1.Colors. The proposed signage avoids the use of multiple colors. • Policv 8. C.3 Sign Copv/Lettedng Style/Spacing. The sign age utilizes a consistent lettering style and avoids the use of overly intricate typefaces and crowded text. • Policy 8~ C. 4 Sign Illumination. The wall signs would consist of individual letter signage that is internally illuminated. • Policy 8.C.5 Placement. The signs are placed in a manner that complements the architectural features. B. The sign program conforms to all applicable requirements of this Code, with exception the requested deviation forthe allowable sign area for building mounted signage, because the proposed signs do not exceed the total signage allowed by the Municipal Code and because the sign design is architecturally compatible with the proposed building; there is no specific plan or comprehensive development plan that apply to the property. Moreover, the Code allows the applicant to apply for a sign program to create a compatible design theme for all signs for the site. Through the sign program, the applicant has created a visually pleasing method of providing compatible and complementary signs throughout the site to minimize visual clutter and to unify the appearance of the site to create a distinctive sense of place. C. 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 not create light or glare impacts to the adjacent properties. 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 9-3.543 (k) of Title 9, Land Use Code of the City of San Juan Capistrano in support of the Sign Exception request: PC Resolution 20-10-13-01 4 October 13 2020 1 . The building-mounted signage complies with all other applicable material in the sign code section, specifically the maximum height and minimum clearance from adjacent grade is provided, with an overall design that is consistent with the architecture of the proposed building. 2. The scale of the proposed building-mounted signage would be in harmony with the architectural design of the building because the signage is proposed to be centered between existing columns, equally spaced, similar to the previously approved building-mounted signage. 3. The building-mounted signage would not impede vision of vehicular, bicycle, or pedestrian traffic as it would have a minimum of 7' clearance from the adjacent grade as stipulated in Section 9-3.543 of the San Juan Capistrano Municipal Code. Furthermore, the illumination of the sign age complies with Section 9-3.543 of the San Juan Capistrano Municipal Code. As a result, the sign would not create a hazard to other adjacent properties or tenants. 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. 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 5:30 pm , Wednesday, October 28, 2020. 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 13th day of October, 2020. Sergio K otz, AICP, Assistant Development Services Director/Secretary Project#: Project Name: APPROVAL DATE: EFFECTIVE DATE: EXHIBIT A RESOLUTION #: 20-10-13-01 CONDITIONS OF APPROVAL Sign Permit (SP) 20-019 & Sign Program (SP) 20- 025 Del Obispo Shopping Center Monument Sign and Sign Program Update October 13, 2020 October 29, 2020 These conditions of approval apply to Sign Permit (SP) 20-019 & Sign Program (SP) 20-025; Del Obispo Shopping Center Monument Sign and Sign Program Update: a request for review of a monument sign and an updated sign program to allow for an increase in the square footage of the building mounted signage at 31876 Del Obispo Street (APN 668-241-21 ). The applicant concurrently is seeking a sign exception request to allow for the building mounted signage to exceed the maximum sign area permitted by the Land Use Code. Any proposed changes to this approval 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. Planning 1. Sign Program (SP) 20-025 is granted to allow for the amendment of a uniform sign program for a multi-tenant commercial building located at 31876 Del Obispo Street (APN: 668-241-21). Approval is granted based on the application materials submitted on September 18, 2020. These materials are 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 plans, 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. 2. Sign Permit (SP) 20-010 is granted to allow for installation of a 6'-high monument sign located at 31876 Del Obispo Street (APN: 668-241-21). Approval is granted based on the application materials submitted on July 14, 2020. These materials are 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 Planning Commission Resolution 20-10-13-01 SP 20-019 & SP 20-025 Del Obispo Shopping Center Conditions of Approval October 13, 2020 Page 2 of 3 approved plans, 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 3. Should the number of tenants of the building increase to more than four, i.e. five or greater, a sign program amendment would need to be considered by the Planning Commission. 4. The property owner shall provide an updated sign program that incorporates the maximum 6'-high monument sign. 5. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 6. The applicant 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. 7. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 8. 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. -·-------------- Planning Commission Resolution 20-10-13-01 SP 20-019 & SP 20-025 Del Obispo Shopping Center Conditions of Approval October 13, 2020 Page 3of3 9. lflS The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. Date of Approval: October 13, 2020 Resolution No.: 20-10-13-01 Effective Date: October 28, 2020 Applicant Acceptance of Conditions of Approval: By: ~ I O-zt-Zo2.0 ApplicanUAgent Date