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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.