PC Resolution-23-10-25-01PC RESOLUTION NO. 23-10-25-01
ARCHITECTURAL CONTROL (AC) 22-008, SIGN PERMIT (22-019), & A SIGN
PERMIT EXCEPTION REQUEST
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 22-
008, SIGN PERMIT (SP) 22-019, AND A SIGN PERMIT EXCEPTION, RELATED TO A
REQUEST TO ALLOW FOR EXTERIOR FACADE CHANGES TO AN EXISTING
COMMERCIAL BUILDING, INCLUDING A NEW COLOR SCHEME, EXTENSION TO
EXISTING PARAPET WALL, AND UPDATED SIGNAGE, AND FOR A SIGN PERMIT
EXCEPTION TO THE LAND USE CODE PROHIBITION OF SIGNAGE MOUNTED ON
OR ABOVE ROOFS LOCATED AT CARL'S JR. AT 31852 DEL OBISPO (APN: 668-
241-07), AND FINDING THAT SAID ACTION IS EXEMPT FROM CEQA PURSUANT
TO STATE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES)
(APPLICANT: NATIONAL SIGN AND MARKETING).
Whereas, National Sign and Marketing, 13580 Fifth Street, Chino, CA.
91710 has requested approval of Architectural Control (AC) 22-008, Sign Permit (SP) 22-
019, and a Sign Permit Exception, to allow for exterior fa~ade changes to an existing
commercial building, including a new color scheme, an extension to the existing parapet
wall, and updated signage, and for a sign permit exception to the Land Use Code
prohibition of signage mounted on or above roofs located at Carl's Jr. located at 31852
Del Obispo (APN:668-241-07) (the "Project"). The subject property, generally located on
the east side of Del Obispo Street and south of Ortega Highway, has a General Plan Land
Use and Zoning Designation of General Commercial; and,
Whereas, the Wiles Family Trust is the owner of real property located at
31852 Del Obispo Street (Assessor Parcel Number: 668-241-07); 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 reviewed the Project
under the California Environmental Quality Act ("CEQA") and recommends that the
Planning Commission find that the entire Project is categorically exempt from further
review under CEQA Guidelines Section 15301, Existing Facilities (Class 1 ). The entire
Project is exempt under Section 15301 because the project involves exterior
modifications to an existing commercial structure which would involve negligible or no
expansion of the building's existing use, would not modify or impact any onsite parking,
access, or circulation and does not propose any changes to the existing drive-through.
Further, none of the exceptions to the categorical exemptions set forth in State CEQA
Guidelines section 15300.2 are applicable here. Therefore, the Project meets the criteria
for the Class 1 categorical exemption; and
PC Resolution 23-10-25-01 2 October 25, 2023
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to CEQA Guidelines Section 151 of the and has
considered all Project environmental documentation; and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on September 13, 2023, pursuant to Title 9, Land Use Code, Section 9-2.302 of
the San Juan Capistrano Municipal Code. 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, the Planning Commission directed conducted a duly-noticed
public hearing on September 13, 2023 and October 25, 2023, pursuant to Title 9, Land
Use Code, Section 9-2.302 of the San Juan Capistrano Municipal Code. 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 FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the Project is
exempt from review under CEQA pursuant to CEQA Guidelines Section 15301. The
Class 1 exemption consists of "the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use." Here, the proposed minor exterior improvements include: a new color
scheme; new building mounted, freestanding and drive-through signage; an extension to
the existing parapet wall fac;ade and cap; and new led trim lighting. These improvements
would involve negligible or no expansion of the building's existing use. Further, the
Project would not modify or impact any onsite parking, access, or circulation, nor does it
propose any changes to the existing drive through. Since the Project only proposes minor
fac;ade changes, the Project qualifies for the Categorical 1 exemption under CEQA. None
of the exceptions to the categorical exemptions set forth in State CEQA Guidelines
section 15300.2 have any applicability here. A Notice of Exemption (NOE) will be filed
with the County Recorder's Office within 5 days of this Project approval.
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 9-2.313 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 General Commercial
(GC) district allows the use of eating and drinking establishments by right and the
PC Resolution 23-10-25-01 3 October 25, 2023
existing restaurant and accessory drive-through use were both permitted through the
approval of Architectural Control (AC) 73-1011. Subsequent entitlements were also
approved for the site including Zone Variance (ZV) 73-1020 which allowed the
placement of the existing drive-up window roof cover to encroach two feet into the
required five-foot side yard setback as well as modifications to the site plan for AC 73-
1011 which approved illuminated awnings, outdoor seating facilities, updated exterior
paint colors and a drive-through menu sign. There is no applicable specific plan or
comprehensive development plan for this property.
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 policies and objectives of the Community
Design Element:
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping." The Project
is consistent with this policy because the existing Spanish tile roof would be
retained. In addition, the Project has incorporated materials, textures and colors
which complement the Spanish tile roof in an effort to further contribute to Spanish
Revival architectural style, which would complement and preserve the historic
character of San Juan Capistrano.
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, except as
otherwise approved, because the project would not result in creating non-conformities
or conflict with Code requirements with respect to setbacks, parking, access, or other
features as all development standards are being met.
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 the
project will be consistent with the following Architectural Design Guidelines design
principles applicable to the proposed project:
• Design Issue/ Principle 2: Eclectic Building Styles. The existing building consists
of a Spanish Revival style, which incorporates architectural elements that result
in the existing building to architecturally exist amongst the adjacent buildings
that are located within the area. The proposed architectural improvements are
appropriate for the use and setting because it is consistent with the Spanish
Revival architecture that is found within the City of San Juan Capistrano and
would relate to the surrounding development with respect to scale, orientation,
height, and bulk.
• Design Issue/ Principle 3: Authenticity. The proposed modifications to the
architectural design are well executed and consistently carried out from the
overall building form to fine detail.
PC Resolution 23-10-25-01 4 October 251 2023
• Design Issue/ Principal 5: Heritage and Tradition. The proposed modifications
to the architectural design reflects the history and tradition of San Juan
Capistrano. The building has a design that is reminiscent of the City's
architectural history.
5. No changes are proposed to the vehicular circulation plan, therefore, the site plan
would continue to provide functional and safe vehicular, bicycle and pedestrian access
and circulation. Additionally, the project would not impact or create conflict with the
adjacent right-of-ways as there are no proposed changes to existing access.
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 improvements would incorporate design features and
landscaping that are complementary to the historic Spanish architecture of the area,
and is compatible with the surrounding uses and improvements.
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 9-2.343, Sign Permits and Sign Programs, of Title 9, Land Use
Code of the City of San Juan Capistrano:
1. The proposed signs, which includes refacing one directional sign, refacing and
retrofitting two illuminated monument signs, removal of two existing wall signs,
replacing the existing digital preview board and digital menu board within the existing
drive-through, are consistent with the General Plan and Design Guidelines, and are
complementary to the architecture and design of the development Project because
the signage is consistent with the following General Plan Community Design Element
policy 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 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) to ensure a human scale.
• Policy 8,C. 1. Colors. The proposed signage avoids the use of multiple colors.
• Policy 8. C. 3 Sign Copy/Lettering Style/Spacing. The signage utilizes a
consistent lettering style and avoids the use of overly intricate typefaces and
crowded text.
• Policy 8. C.4 Sign Illumination. One building mounted wall sign would consist of
individual letter signage that is internally illuminated, and the proposed
monument sign would be internally illuminated, in a manner consistent with the
policy.
• Policy 8.C.5 Placement. The signs are placed in a manner that complement the
architectural features.
PC Resolution 23-10-25-01 5 October 25 , 2023
• Policy 8. C Wall and Building Signs. The wall signs would not project by more
than 12 inches from the walls upon which they are attached. Additionally, the
lettering would not occupy more than 75% of the background area.
2. As proposed, all signs comply with Section 9-3.543 of the SJCMC and the applicable
Sign Program approved under Architectural Control (AC) 73-1011 and Sign Permit
(SP) 99-14, except for the proposed roof mounted sign which is prohibited under
Section 9-3.543(e)(1) of the SJCMC and for which a Sigh Permit Exception is
requested.
3. The proposed commercial signage 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 signage 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 signage is appropriate within the context of the restaurant use and
compatible with the surrounding area. The proposed signage is to scale when
compared to the structure of which it will be affixed to. In addition, the colors and
materials used for the signage will be compatible with the colors and materials used
on the exterior of the restaurant structure, creating harmony between the two.
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:
1. The proposed roof-mounted signage complies with all other applicable criteria in the
sign code, with respect to sign area and design.
2. The proposed sign is in harmony with the architectural design of the building. The
proportion and scale are in harmony with the raised portion of the parapet, the scale
of that box seems appropriately scaled in height and width. The fact that it is higher
than the other parapet, that it is popped up and has some depth, the sign seems
compatible with that. As far as the definition of the roof, the roof is the roofline of the
new parapet that has been modified. Further, the sign design conforms to the golden
triangle, one-third for visual clarity and two-thirds to give the eye an opportunity to rest.
3. The proposed signage 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 22-008, Sign Permit (SP) 22-019, and the Sign Permit Exception to the Land Use
PC Resolution 23-10-25-01 6 October 25, 2023
Code's prohibition of signage mounted on or above roofs subject to those conditions of
approval established by Exhibit A attached hereto and incorporated herein.
EFFECTIVE DATE AND 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
9, 2023. These Project approvals shall be valid for a period of two years from the effective
date of this resolution, and shall expire on November 10, 2025, unless a building permit
has been issued and construction is underway related to this discretionary approval or
unless a time extension request is submitted, and subsequently, granted by the Zoning
Administrator prior to that date, in accordance with the applicable provisions of the Land
Use Code.
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.
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 25th day of October, 2023.
Joel Ro · s Director/
Secreta
Project#:
Project Name:
EXHIBIT A
PC RESOLUTION NO. 23-10-25-01
CONDITIONS OF APPROVAL
Architectural Control (AC) 22-008, Sign Permit (SP) 22-
019, & Sign Permit Exception Request
Carl's Jr. Exterior Modifications
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 approvals are granted for exterior
modifications to an existing commercial structure. This approval is granted
based on the application materials submitted by National Sign and
Marketing including a site plan and architecture dated August 9, 2022.
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 adopted
standards, may be approved by the Development Services Director. Major
modifications to this approval which are determined by the Development
Services Director to not be in substantial conformance with the approved
plans, require submittal of updated application materials and the required
application deposit. This Project approval shall become effective following
expiration of the fifteen (15) day appeal period without filing of an appeal
application. If not appealed, 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 November 10, 2025, unless a building permit has been issued
and construction is underway related to this discretionary approval or
unless a time extension request is submitted, and subsequently, granted
by the Zoning Administrator prior to that date, in accordance with the
applicable provisions of the Land Use Code.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
Carl's Jr. Exterior Modifications
Conditions of Approval
Date: October 25, 2023
Page 2 of 3
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
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 responsib.ilities 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 use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. 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.
9. 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
Carl's Jr. Exterior Modifications
Conditions of Approval
Date: October 25, 2023
Page 3 of 3
Department and shall pay any outstanding balance in the Developer
Deposit Account assigned to this application.
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:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m .
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.