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PC Resolution-22-10-26-01PC RESOLUTION NO. 22-10-26-01 SIGN PERMIT (SP) 22-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING OF SIGN PERMIT (SP) 22-018 TO ALLOW AN 18.8 SQUARE-FOOT BUILDING MOUNTED ELECTRONIC MESSAGE CENTER SIGN TO BE INSTALLED ON THE MAIN ENTRY BUILDING FA<;ADE OF FAIRMONT SCHOOLS, LOCATED AT 26333 050 ROAD (APN:121-070-68) AND A SIGN EXCEPTION TO THE LAND USE CODE TO ALLOW THE ENTIRETY OF THE ELECTRONIC MESSAGE CENTER SIGN TO BE INTERNALLY ILLUMINATED AND FINDING THAT SAID ACTIONS ARE EXEMPT FROM CEQA REVIEW PURSUANT TO CLASS 11 CATEGORICAL EXEMPTION. (APPLICANT: SCOTT HAMPTON, VESCO SIGNS LLC) WHEREAS, Scott Hampton with Vesco Signs LLC, 10235 Bellegrave Avenue, Jurupa Valley, CA 91752 (the "Applicant"), has requested approval of Sign Permit (SP) 22-018, a request to allow an 18.8 square-foot building mounted Electronic Message Center (EMC) sign to be installed on the main entry building fac;ade of Fairmont Schools (the "Project"), located at 26333 Oso Road (APN: 121-070-68) (the "Property"), and a sign exception to the Land Use Code to allow the entirety of the EMC sign to be internally illuminated; and WHEREAS, the Property, generally located at the northwest corner of Oso Road and Camino Capistrano, has a General Plan Land Use Designation and a Zoning Designation of Public & Institutional; and WHEREAS, J7 SJC LLC, is owner in fee of the Property; and WHEREAS, the proposed Project at the Property has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and WHEREAS, the City's Environmental Administrator has reviewed the Project and recommends that the Planning Commission find that the Project is categorically exempt from further review under the California Environmental Quality Act Guidelines 14 California Code of Regulations Section 15311 , Accessory Structures. Here, the entire Project is exempt under Section 15311 because it involves the installation of an Electronic Message Center wall sign considered accessory to the school use. Lastly, no exceptions to the exemption apply because there would not be any potential significant effects on the environment due to unusual circumstances; and WHEREAS, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15051 of the California Environmental Quality Act (CEQA) and has considered all Project environmental documentation; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on October 26, 2022, pursuant to San Juan Capistrano Municipal Code Section PC Resolution 22-10-26-01 2 October 26, 2022 9-2.302. The Planning Commission has considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including but not limited to the staff report, attachments, and materials submitted by the Applicant; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 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, Accessory Structures. Here, the entire Project is exempt under Section 15311 because it involves the installation of an Electronic Message Center (EMC) wall sign considered accessory to the school use. Lastly, none of the exceptions to the exemptions in State CEQA Guidelines, section 15300.2, apply. Specifically, the Project: a. Is not located in a particularly sensitive environment. The sign is to be installed on a site that was previously developed with a school campus. b. Once the sign is constructed, there is no possibility of a cumulative impact of the same type of project in the same place over time. The project involves the construction of a single EMC sign for an existing school campus over the main entrance to the school. Once the sign is installed, the likelihood of a successive project on this site is low and probability of a cumulative impact is low. c. Is not marked by unusual circumstances. There is nothing unusual about the installation of an EMC sign for a school campus. d. Would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. e. Is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The Planning Commission hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five (5) working days of Project's approval and adoption of this Resolution, further described herein below. 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) of Section 9-2.343, Sign Permits and Sign Programs, of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Sign Permit (SP) 22-018, subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: 1 . The proposed Electronic Message Center (EMC) sign is consistent with the design criteria of Section 9-3.543, Signs, the Community Design Element, and the Design Guidelines, other than the requested sign exception, because the 18.8 sq. ft. EMC sign includes appropriate materials and construction methods; would be located PC Resolution 22-10-26-01 3 October 26 2022 on a flat building surface over the main building entrance; and would be harmonious with the existing architectural elements of the building fagade. Additionally, the sign is consistent with the following General Plan Community Design Element 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 sign would be constructed from durable industry standard materials, and the size of the sign complies with the SJCMC, which limits the size (height and area) to ensure a human scale. • Policy 8.C.5 Placement. The sign would be placed in proximity to the main entrance to the school. 2. The proposed EMC sign conforms to all numerical size, height, and other requirements of Section 9-3.543, other than the requested sign exception. There is no sign program adopted for this development. 3. The proposed EMC sign would not be a detriment to public health, safety, or welfare nor would it have adverse impacts on adjacent properties or rights-of-way or obstruct the view of other legal signs as it would not impede vision of vehicular, bicycle, or pedestrian traffic. Furthermore, the EMC sign complies with Section 9- 3.543 of the SJCMC, other than the requested sign exception, and the City's adopted Architectural Design Guidelines, as enumerated in Finding #1 above. Lastly, a condition of approval has been drafted that requires the EMC sign to be turned off daily between sunset and sunrise. 4. The proposed sign is appropriate within the context of the school campus and compatible with the surrounding area due to the limited overall height and area of the signage. Furthermore, the sign would not exceed the allowable size of signage for a building mounted wall 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 (k) of Section 9-3.543, Signs, of Title 9, Land Use Code of the City of San Juan Capistrano with respect to the sign exception request, subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: 1. The proposed Electronic Message Center (EMC) sign complies with all other applicable criteria in the sign code with respect to sign area, placement, and design. 2. The proposed EMC sign would be in harmony with the architectural design of the of the building which it will serve because the sign is provided with a design consistent with the architectural features of the building. PC Resolution 22-10-26-01 4 October 26, 2022 3. The proposed EMC sign would not create a hazard to other adjacent properties or tenants. Specifically, it would not impede vision of vehicular, bicycle, or pedestrian traffic nor would it be readily visible from adjacent properties or the public right-of- way. Furthermore, a condition of approval has been drafted that requires the EMC sign to be turned off daily between sunset and sunrise. 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. 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 records for the record of proceedings. 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, Thursday, November 10, 2022. This project approval shall be valid for a period of 12 months from the effective date of approval of this resolution and shall expire on November 11 , 2023. No extensions of time may be granted for sign permits. Upon expiration of a sign permit, submittal of a new sign permit application shall be required. 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 26th day of October, 2022 . ... ~-0~ Tami Wilhelm, Chairwoman lopnJent--Services Director/Secretary Project#: Project Name: Approval Date: Effective Date: EXHIBIT A RESOLUTION #: 22-10-26-01 CONDITIONS OF APPROVAL SIGN PERMIT (SP) 22-018 Fairmont Schools Electronic Message Center Sign October 26, 2022 November 11, 2022 These conditions of approval apply to a request to allow for an 18.8 square-foot building mounted Electronic Message Center (EMC) sign to be installed on the main entry building fac;:ade of Faim1ont Schools, located at 26333 Oso Road (APN:121-070-68), and a sign exception to the Land Use Code to allow for the entirety of EMC sign to be internally illuminated. Any proposed changes to this approval shall be submitted to the City's 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. This approval is granted to allow for an 18.8 square-foot building mounted Electronic Message Center (EMC) sign to be installed on the main entry building fa~de of Fairmont Schools, located at 26333 Oso Road (APN:121-070-68), and a sign exception to the Land Use Code to allow for the entirety of EMC sign to be internally illuminated (the "Project"). Approval is granted based on the development plans submitted by Yesco Signs, LLC, on August 30, 2022. 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 confom,ance 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 (15th) day after the date of Planning Commission approval and shall expire twelve (12) months after the effective approval date unless the EMC sign which is the subject of this action has been installed and all conditions of approval have been met. No extensions of time may be granted for sign permits. Upon expiration of a sign permit, submittal of a new sign permit application shall be required. 2. The EMC sign shall be turned off daily between sunset and sunrise, unless an exception is granted by the Development Services Director for an on- Planning Commission Resolution 22-10-26-01 Fairmont Schools Electronic Message Center Sign Conditions of Approval October 26, 2022 Page 2of 3 campus special event. Additionally, at no time shall the sign display any type of commercial advertising. 3. Approval of this application does not relieve the Applicant from complying with other applicable Federal, State, County, and City regulations or requirements. 4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 5. 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 at the Applicant's expense. 6. 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. 7. In the event that Project plans 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, then the conditions and/or plans as stipulated in the later approval shall prevail. 8. The use shall meet the standards and shall be developed within the limits established by the Municipal Code. The Project shat! comply with the standards established by the Municipal Code related to emissions of noise, odor, dust, vibration, wastes, and fumes. No nuisance arising or occurring incidental to the Project shall be maintained on site. 9. 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 Planning Commission Resolution 22-10-26-01 Fairmont Schools Electronic Message Center Sign Conditions of Approval October 26, 2022 Page 3of 3 agencies. The duty of inquiry as to such requirements shall be upon the Applicant. 10. Pursuant to Section 8-1.03 of the Land Use Code, the Project shall ensure that all construction activities, which includes the delivery or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: 11_._ 12. Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 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 for extenuating reasons. The Applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. Applicant Acceptance of Conditions of Approval: By:~~ Applicant/ Agent Date ' '