PC Resolution-23-04-26-01PC RESOLUTION NO. 23-04-26-01
ARCHITECTURAL CONTROL (AC) 22-012 AND SIGN PROGRAM (SP) 23-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 23-
012 AND SIGN PROGRAM (SP) 23-002, FOR A REQUEST TO CONSTRUCT A
PROPOSED BUILDING REMODEL THAT INCLUDES A NEW 4,798 SQUARE FOOT
ADDITION, AND A MODIFICATION TO THE APPROVED SIGN PROGRAM FOR THE
CAPISTRANO VALLEY TOYOTA DEALERSHIP LOCATED AT 33395 CAMINO
CAPISTRANO (APN: 121-240-75) AND FINDING THAT SAID ACTIONS ARE EXEMPT
FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
(APPLICANT: THE PRS GROUP)
Whereas, Goree Whitfield, representing property owner, Diego of
Capistrano LLC, 24691 Del Prado, Suite 201, Dana Point, CA 92629 (the "Applicant"),
has requested approval of Architectural Control (AC) 22-012 and Sign Program (SP) 23-
002, request for approval of a proposed building remodel that includes a new 4,798
square foot addition, and a modification to the approved sign program for the Capistrano
Valley Toyota dealership located at 33395 Camino Capistrano (Assessor Parcel Number
121-240-75) (the "Property"); and,
Whereas, the Property, generally located along the west side of Camino
Capistrano, approximately 950 feet north of Stonehill Drive, has a General Plan Land Use
Designation of Quasi-Industrial and a Zoning Designation of Commercial Manufacturing;
and, ·
Whereas, Diego of Capistrano 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, pursuant to section 21067 of the Public Resources Code, and,
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and,
Whereas, the Environmental Administrator has reviewed the Project and
recommends that the Planning Commission find that the Project is categorically exempt
from further environmental review pursuant to Section 15301 of Title 14 of the California
Code of Regulations (the "CEQA Guidelines"), Class 1, Existing Facilities, because the
Project involves minor exterior alterations to an existing vehicle dealership facility. Lastly,
no exceptions to the exemption apply; 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
meeting on March 22, 2023, and April 26, 2023, pursuant to San Juan Capistrano
PC Resolution 23-04-26-01 2 April 26, 2023
Municipal Code Section 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 environmental review under the California Environmental Quality Act
per State CEQA Guidelines Section 15301, Class 1, Existing Facilities. Here, the entire
Project is exempt under Section 15301, Class 1 categorical exemption, because the
Project involves a minor alteration to an existing private structure involving negligible or
no expansion of existing or former use. Specifically, the Project involves minor exterior
alterations to an existing vehicle dealership where the addition is no more than 10,000
square feet and the Project is in an area where all public services and facilities are
available to allow for maximum development permissible in the General Plan and the area
in which the Project is located is not environmentally sensitive. The existing dealership is
located in a built-out industrial area of the City. Additionally, the modification to the Sign
Program to ensure the placement and size of the signage provides a cohesive
development appearance constitutes as a minor exterior alteration of the existing facilities
with negligible or no expansion of an existing use. None of the exceptions to the
categorical exemptions as set forth in State CEQA Guidelines Section 15300.2 applies.
The six (6) exceptions that would prohibit the use of a categorical exemption as set forth
in State CEQA Guidelines Section 15300.2. The six (6) exceptions to this Exemption are:
(a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e)
Hazardous Waste Sites; and (f) Historical Resources.
a. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of
which are being utilized here;
b. 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 4,798 square foot
showroom addition signs for an existing vehicle dealership without extensive room
to further expand without challenges to the vehicle dealership inventory lots. The
likelihood of a successive project on this site is low and there is no possibility of a
cumulative impact from this same type of project in this area over time;
c. The Project is not marked by unusual circumstances. There is nothing unusual
about the expansion of a show room and signage on an existing vehicle dealership
property in a built-out industrial area of the City;
d. The Project 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 due to this location along Camino
Capistrano not being identified as a scenic resource or highway;
e. The Project is not located on a site which is included on any list compiled pursuant
to Section 65962.5 of the Government Code;
f. The Project would not cause a substantial adverse change in the significance of a
historical resource.
PC Resolution 23-04-26-01 3 April 26, 2023
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.
NOW, THEREFORE, BE IT 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 (c) Architectural Control, of Title 9, Land Use Code of the City of San
Juan Capistrano:
1. The proposed use and design of the Project comply with all applicable provisions
of Title 9 of the San Juan Capistrano Municipal Code because the proposed
addition and remodel comply with the lot coverage, setbacks, and other applicable
development standards for the Commercial Manufacturing zoning district, the
proposed lighting is consistent with the lighting standards, not increasing the
intensity of lighting beyond the current illumination or exceeding the standard limits
of the San Juan Capistrano Municipal Code, and the proposed parking standards
are met due to the Project providing a surplus of 197 stalls.
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 is consistent with the following policy and objectives of the
Community Design Element:
Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development to
maintain the character of the City;" and,
The proposed architectural style provides high-quality materials and natural
finishes with a building height matching and tying into the existing building, and a
proposed 27'-0" tall portal entryway which is less than the height allowed by the
municipal code. The proposed materials are consistent with the existing building
which include plaster soffits, stucco, flat gray tiles, translucent white illuminated
panels, glass, and metal framing.
As discussed further below, the Project conforms to the City's adopted
Architectural Design Guidelines, which substantially implement the General Plan
Community Design Element.
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,
meeting all zoning development standards applicable to the Project and site
zoning. Furthermore, the site currently has enough parking to accommodate the
existing and proposed building (49 stalls required; 246 stalls provided).
4. The character, scale and quality of the architecture, site design and landscaping
are consistent with the adopted Architectural Design Guidelines of the City
because as demonstrated within this staff report, the proposed Project and use of
materials has been designed to complement the existing architecture on the site.
PC Resolution 23-04-26-01 4 April 26, 2023
Furthermore, the Project will be consistent with the adopted Architectural Design
Guidelines because the following design principles are applicable to the proposed
Project:
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate materials that are found throughout the City and which
include plaster, mission-style roof tiles, and gridded storefront windows.
Design Issue/ Principle 8: Linkages and Connections. The proposed expanded
showroom will be located in an underutilized portion of a developed lot and will
utilize the existing pedestrian walkways and parking lot.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the site currently provides safe vehicular access and the
proposed improvements will have clear and identified pedestrian access. As such,
Architectural Control (AC) 22-012 has been reviewed and determined the site plan
provides functional and safe vehicular, bicycle and pedestrian 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 proposed structure will use colors and materials that
are found through San Juan Capistrano. The architectural design incorporates
materials that match the existing building. Further, the Project proposes an
expansion to an existing vehicle dealership on a property that is zoned Commercial
Manufacturing and surrounded by other vehicle dealership uses.
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 Program
(SP) 23-002:
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 of the following: The sign program consists of four building mounted signs
and one permanent window sign. The building mounted signs are proposed to
include the Toyota logo and name in red channel letters with transparent faces and
internal illumination, and the dealership name and service in nonilluminated black
channel letters. The building mounted signs total 130.66 square feet, or 1.9% of
the 6,790 square foot elevation, which is less than the 2% permitted by the code.
The final nonilluminated window sign is proposed to be approximately 5% of the
window area it is located, which is less than the 25% of the area permitted. Each
sign area is located at an entrance to the dealership, either at the entry portal,
above the entry door, or at the vehicular entrance to the service area which is
consistent with th~ General Plan and Design Guidelines, and is complementary to
the architecture and design of the development. Therefore, the sign program is
PC Resoluti on 23-04-26-01 5 April 26, 2023
consistent with the following General Plan Community Design Element policy and
Design Guidelines Policies:
• 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 comply with the Municipal Code, which limits the size
(height and width) for zones with industrial uses to ensure a human scale.
• Policy 8.C.1 .Colors. The proposed signage avoids the use of multiple colors.
• Policy 8.C.4 Sign Illumination. The building mounted wall signs would consist of
individual channel letter signage, one of which will be internally illuminated with
a transparent red sign face in a manner consistent with the City's Code and
Design Guidelines.
• Policy 8.C.5 Placement. The signs are generally placed centered the elevations
or above entryways where appropriate in a manner that complement the
architecture._
• Policy 8. C Wall and Building Signs. The wall signs do not project by more than
12 inches from the walls upon which they are attached.
2. The sign program conforms to all applicable requirements of this Code because
the proposed signs do not exceed the total signage allowed by the Municipal Code
in the Commercial Manufacturing zoning district and because the sign design is
architecturally compatible with the proposed buildings. The sign program consists
of a visually pleasing method of providing compatible signs on the multiple building
elevations and are strategically placed to minimize visual clutter, thereby unifying
the appearance of the site and creating a distinctive sense of place. There is no
applicable specific plan or comprehensive development plan for this property.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the signs as identified within the sign
program would not impact the right of way, due to their placement, and would not
create light or glare impacts to the adjacent properties as the internally illuminated
signage would comply with the City's illumination standards.
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, May 11,
PC Resolution 23-04-26-01 6 April 26. 2023
2023. This Project approval shall be valid for a period of two years from the effective date
of approval of this resolution and shall expire on April 6, 2025. The Project approval shall
be valid for a period of two years from the effective date of the Project unless a time
extension request or building permit application related to this discretionary approval is
submitted to the City 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.
PASSED, APPROVED AND ADOPTED this 26th day of April, 2023.
nt Services Director
Project#:
Project Name:
Approval Date:
Effective Date:
Expiration Date:
RESOLUTION #: 23-04-26-01
EXHIBIT A
CONDITIONS OF APPROVAL
Architectural Control (AC) 22-012 & Sign Program (SP) 23-002
Capistrano Valley Toyota
April 26, 2023
May 11, 2023
May 11, 2025
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. These conditions are organized by chronological order in the development
process as well as responsible City Department. The responsible department is noted in
parenthesis after each condition.
Architectural Control (AC) 22-012 and Sign Program (SP) 23-002, request for approval of
a proposed building remodel that includes a new 4,798 square foot addition, and a
modification to the approved sign program for the Capistrano Valley Toyota dealership
located at 33395 Camino Capistrano (Assessor Parcel Number 121-240-75).
General Conditions:
1. The above referenced entitlement approvals are granted for a storage
development. This approval is granted based on the application materials
submitted by Goree Whitfield, Applicant including a site plan and architecture
dated February 13, 2023. These plans 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 plans and
which do not intensify or change the use or require any deviations from City
Code may be approved by the Development Services Director upon submittal
of an application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (15th) day after
the date of the Planning Commission's approval.
2. 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
Resolution # 22-04-26-01
Project# AC 22-012 & SP 23-002
Capistrano Valley Toyota
Final Conditions of Approval
Date: April 26, 2023
Page 2 of 5
Council, Planning Commission, or Development Services Director. 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
applicant shall select counsel reasonably acceptable to the City of San Juan
Capistrano. Counsel to applicant's insurance carrier that is providing coverage
for a Claim shall be deemed reasonably satisfactory, except in the event of a
potential or actual conflict of interest for such counsel regarding such
representation or such counsel proves to be incompetent regarding such
representation. Even though the applicant shall defend the Claim, the City may,
at City's option and expense, engage separate counsel to advise it regarding
the Claim and its defense. The City's separate counsel may attend all
proceedings and meetings. The applicants counsel shall reasonably cooperate
with the City's separate counsel.
3. 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.
4. 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.
5. Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
6. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments.
7. The applicant shall schedule a final inspection with the Development Services
Department to inspect the final construction to ensure consistency with the
approved plans and conditions of approval.
8. 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. To the extent not precluded by
Government Code Section 65961 , the applicant shall comply with all
requirements of the 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.
Resolution # 22-04-26-01
Project #AC 22-012 & SP 23-002
Capistrano Valley Toyota
Final Conditions of Approval
Date: April 26, 2023
Page 3 of 5
9. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
1 O. Applicant Responsibilities. 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.
11. 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.
12. Fees. 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.
13. Should construction result in the need for any tree over 6" in diameter to need
to be removed from the site, a Tree Removal Permit shall be pursued and issued
by the Development Services Director or his designee prior to removal.
14. The roof eave at the northwest corner of the second floor shall be revised to
ensure the eave does not project beyond the existing eave projection or 2' from
the face of the building, whichever is greater.
15. The entry portal shall be nonilluminated and have an opaque surface with grid
pattern to match original portal design and windows.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR ENCROACHMENT PERMIT(S):
16. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval of the
grading plans, the applicant/sub-divider shall submit concurrently with the
Street/Sewer/Water/Drainage Improvement Plans/Landscape Irrigation, all
Electrical, Gas, Telephone and Cable Television installation plans to the City
Engineer for review and approval, to ensure compatibility with existing and
proposed improvements. All utility lines with junction structures shall be
underground. Any deviation from these requirements shall be subject to prior
City Engineer review and approval. (PW)
Resolution # 22-04-26-01
Project #AC 22-012 & SP 23-002
Capistrano Valley Toyota
Final Conditions of Approval
Date: April 26, 2023
Page 4 of 5
17. Construction Cost Estimates. Prior to the approval of the grading plans and
issuance of the grading permit, the applicant/subdivider shall submit an estimate
of quantities and construction costs of all proposed Works of Improvements
(e.g. Street, Drainage, Grading, Landscaping Irrigation etc .. ) associated with
this development prepared by a California State Registered Civil Engineer
pursuant to the City requirements to the City Engineer for review and approval.
Said estimates shall include, but not be limited to, the costs for construction of
all on-site and off-site improvements for street/parking lots, grading, signing and
striping, storm drains, landscape, and irrigation systems. Any exception to or
deviation from this condition shall be subject to review and approval by the City
Engineer. (PW)
18. Payment of Fees. Prior to issuance of grading and encroachment permits, the
applicant/subdivider shall pay all applicable fee requirements in accordance
with the City Municipal Code, as last revised and the City Schedules of Rates
and Charges, as last revised. (PW)
19. Permits Required. Prior to the commencement of any grading or construction
activity not provided for in previously approved permits, a permit shall be
required. All improvement work, whether performed on-site or off-site, shall
require a permit to ensure the integrity and safety of all existing and proposed
improvements affected by construction activities. (PW)
20. Encroachment Permit Haul Route. An Encroachment Permit is required for a
Haul Route for any import/export of earth material in excess of fifty (50) cubic
yards to or from the site. Submit the Haul Route for review and approval by the
City Engineer. (PW)
21. Ensure the Non-Priority WQMP and Building Plans both require the grated inlet
type of water quality filter that meets the State Full Trash Capture requirements.
The current model of inlet filter appears to be for a catch basin and not a grated
inlet.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY:
22. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy for the 1st building within the project, or prior to
acceptance of the Works of Improvements and release of the performance and
labor and materials securities by the City, whichever occurs first, the
applicant/subdivider shall complete, to the satisfaction of the City Engineer, all
Works of Improvements as defined within related plans required of this
development and necessary to serve the development, including any required
off-site improvements, in accordance with the City approved Improvement
Plans, and approved exceptions, and at the sole cost of applicant. (PW)
Resolution # 22-04-26-01
Project #AC 22-012 & SP 23-002
Capistrano Valley Toyota
Final Conditions of Approval
Date: April 26, 2023
Page 5 of 5
23. Final Planning Inspection. A minimum of one week prior to final inspection by
the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department and shall pay any outstanding balance
in the Developer Deposit Account assigned to this application.
24. Plan Compliance. The project shall be constructed per the approved plans
(architecture, landscape, lighting, signage, etc.). Any variations shall be
submitted to the Development Services Department for review and approval.
25. Historic Depiction Program. The Historic Depiction Program, approved as a part
of Architectural Control 93-06, shall be preserved and placed so that it remains
accessible for the public to view and enjoyment in generally the same location.
The proposed preservation and relocation plan shall be reviewed and approved
by the Development Services Director for substantial consistency with the
original Historic Depiction Program and to be completed prior to Certificate of
Occupancy. (DSD)
Responsible Departments/ Agencies: DSD: Development Services Department
DSD-B&S: DSD-Building & Safety Division
PW: Public Works Department
OCF A: Orange County Fire Authority