PC Resolution-23-05-24-01PC RESOLUTION NO. 23-05-24-01
SIGN PERMIT (SP) 23-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF SIGN PERMIT (SP) 23-003 TO ALLOW
A 180 SQUARE-FOOT MURAL TO BE INSTALLED ON THE REAR WALL OF THE
CAPISTRANO TRADING POST BUILDING, LOCATED AT 31741 CAMINO
CAPISTRANO (APN: 124-181-06) AND A SIGN EXCEPTION TO THE LAND USE
CODE MAXIMUM AREA AND MAXIMUM HEIGHT ABOVE GRADE LIMITATIONS FOR
MURALS, AND FINDING THAT SAID ACTIONS ARE EXEMPT FROM CEQA REVIEW
PURSUANT TO STATE CEQA GUIDELINES SECTION 15311 (CLASS 11)
CATEGORICAL EXEMPTION. (APPLICANT: RICHARD HEIMAN, THE ALLIANCE
FOR SAN JUAN ART)
WHEREAS, Richard Heiman, The Alliance for San Juan Art, 31741 Camino
Capistrano, San Juan Capistrano, CA. 92675 ( "Applicant"), has requested approval of
Sign Permit (SP) 23-003, a request to allow a vinyl printed mural to be installed on the
rear wall of the Capistrano Trading Post building, located at 31741 Camino Capistrano
(APN:124-181-06) (the "Property"), and a sign exception to allow for deviations to the
Land Use Code maximum area and maximum height above grade limitations for murals
(collectively, the "Project"); and
WHEREAS, the Property, generally ·Iocated at the intersection of Old
Mission Way and Camino Capistrano and north of Arguello Way, has a General Plan
Land Use Designation of General Commercial and a Zoning Designation of Town Center;
and
WHEREAS, Bill Ortega, 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 pursuant to Section 15311 of Title 14 of the
California Code of Regulations (the "CEQA Guidelines"),Class 11 "Accessory Structures".
Here, the entire Project is exempt under Section 15311 because it involves the installation
of a mural on the rear brick wall of the Capistrano Trading Post and is an accessory use
to the commercial structure. Lastly, no exceptions to the exemption apply because there
is no reasonable possibility that the activity will have a significant effect 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
PC Resolution 23-05-24-01 2 May 24, 2023
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on May 24, 2023, pursuant to San Juan Capistrano Municipal Code Section 9-
2.302. The Planning Commission has considered all public testimony on the proposed
Project, 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 a 180-square foot vinyl
mural considered accessory to the commercial structure on which it is attached. 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 mural is to be installed
on a site that was previously developed with a commercial structure.
b. Once the mural is affixed to the wall, there is no possibility of a cumulative impact
of the same type of project in the same place over time. The project involves the
installation of a single mural for an existing commercial structure on the rear
exterior brick wall of the structure. Once the mural 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 a mural on the wall of an existing commercial structure.
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.
f. Would not cause a substantial adverse change in the significance of a historical
resource.
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) 23-003, subject to the conditions of approval identified in Exhibit A attached to this
Resolution and incorporated herein by reference:
PC Resolution 23-05-24-01 3 May 24, 2023
1. The proposed mural 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 mural does not contain electrical or
mechanical components, or changing images, flashing or sequential lights, or other
automated methods that result in movement, and is not proposed to be placed
over the exterior surface of any building opening. Additionally, the mural is
consistent with the following General Plan Community Design Element and Design
Guidelines:
a. 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 mural would be constructed from an ultraviolet protected
vinyl material, and the mural would not extend more than six (6) inches from
the plane of the wall upon which it is affixed in compliance with the SJCMC.
b. The mural is also in compliance with the illumination standards required for
murals under Section 9-2.343(b) (General design criteria) of the SJCMC, as
there is no illumination proposed for the mural.
2. The proposed mural conforms to all 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 mural 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 mural 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.
4. The proposed mural is appropriate within the context of the trading post building
and would be sized to be in harmony with the wall dimensions of which it is affixed.
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 mural exception request, subject to
the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The proposed mural complies with all other applicable criteria in the sign code.
2. The proposed mural, as conditioned, would be in harmony with the scale and
architectural design of the wall on the building to which it is affixed and is not
proposed to be placed over the exterior surface of any building opening.
3. The proposed mural would not create a hazard to other adjacent properties or
PC Resolution 23-05-24-01 4 May 24, 2023
tenants. Specifically, it would not impede vision of vehicular, bicycle, or pedestrian
traffic.
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, June 8, 2023.
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 May 24, 2024. No extensions of time may
be granted for mural permits. Upon expiration of a mural permit, submittal of a new mural
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 24th day of May 2023.
~ Matt affney, Chairmen
Joel ent Services Director/Secretary