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PC Resolution-21-07-14-01PC RESOLUTION NO. 21-07-14-01 SIGN PROGRAM (SP) 21-017 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 AN UPDATED SIGN PROGRAM TO PERMIT ANCHOR TENANT SIGNAGE OF UP TO 46 SQ. FT. FOR A MULTI- TENANT COMMERCIAL PROPERTY, KNOWN AS THE CAPISTRANO BUSINESS PARK, AT 27136 PASEO ESPADA (APN: 666-131-23) ((APPLICANT: NATHAN BECKHAM) Whereas, Nathan Beckham, 32158 Camino Capistrano, A332, San Juan Capistrano, CA 92675, has requested approval of Sign Program (SP) 21-017, to modify an existing sign program to permit anchor tenant signage of up to 46 sq . ft. for a multi- tenant commercial property at 27136 Paseo Espada (APN: 666-131-23). The subject property, generally located east of Interstate 5 and at the terminus of Paseo Espada, has a General Plan Land Use Designation of Industrial Park and a Zoning Designation of Planned Community (PC) governed by Comprehensive Development Plan (CDP) 78-01; and, Whereas, Capistrano Enterprises I, LLC, is the owner of real property located at 27136 Paseo Espada (APN: 666-131-23); 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 project is categorically exempt 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) would 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), has considered all project environmental documentation; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on July 14, 2021, 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, 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 PC Resolution 21-07-14-01 2 July 14. 2021 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 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 City. The signs are to be constructed from durable industry standard materials, and the size of the signs 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. • Policy 8. C. 3 Sign Copv/Lettering Style/Spacing. The signage utilizes a consistent lettering style and avoids the use of overly intricate typefaces and crowded text. • Poficv 8.C.5 Placement. The sign would be placed in proximity to the main business. B. 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; there is no specific plan or comprehensive development plan that apply to the property. C. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because the signage would not impact the right of way and would 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 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, Thursday, July 29, 2021. 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 PC Resolution 21-07-14-01 3 July 14. 2021 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 AD P.TED this 14th day of July, 2021 . Harr' Sergio Klotz, AICP, Assistant Development Services Director/Secretary Project#: Project Name: EXHIBIT A PC RESOLUTION NO. 21-07-14-01 CONDITIONS OF APPROVAL Sign Program (SP) 21-017 Capistrano Business Park These conditions of approval apply to the above-referenced project application. 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. General Conditions: 1. The above referenced entitlement approval is granted for a request to modify an existing sign program to permit anchor tenant signage of up to 46 sq. ft. for a multi-tenant commercial property at 27136 Paseo Espada (APN: 666-131-23). This approval is granted based on the application materials submitted by Nathan Beckham, including development plans. These plans 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 project/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 (151h) day after the date of the City Council's approval. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, and City regulations or requirements. 3. 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. 4. 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 PC Recommended Conditions of Approval Capistrano Business Park Date: July 14, 2021 Page 2of2 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. 5. 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. 6. 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, then the conditions and/or plans as stipulated in the later approval shall prevail. 7. 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. Applicant Acceptance of Conditions of Approval: By: Applicant/Agent Date