Resolution Number 07-04-03-02RESOLUTION NO. 07-04-03=02
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL AND
REVERSING PLANNING COMMISSION APPROVALS OF: (1) AN
AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN CDP 90-2
TO ALLOW SIGN PROGRAMS FOR PROJECTS IN THE CDP AREA, (2) A
SIGN PROGRAM FOR THE MAMMOTH PROFESSIONAL BUILDINGS ON
RANCHO VIEJO ROAD AND (3) TWO FREESTANDING MONUMENT
SIGNS FOR THE MAMMOTH PROJECT (APN 650-011-32)
WHEREAS, on May 11, 2004, the Planning Commission of the City of San Juan
Capistrano approved AC 03-09, an office project totaling approximately 98,000 square feet
of gross floor area on approximately 11.5 acres located on Rancho Viejo Road south of Via
Escolar, the legal description being Assessors Parcel No. 650-011-32; and
WHEREAS, zoning and development on the subject property is regulated by
Comprehensive Development Plan CDP 90-2 previously adopted pursuant to Section 9-
3.315 of the City's Municipal Code; and
WHEREAS, the developer, Mammoth Equities LLC, 29222 Rancho Viejo Road,
Suite 203, San Juan Capistrano, CA 92675 has requested that the City approve an
amendment to the CDP to allow sign programs for projects in the CDP area; approve a
sign program for the Mammoth Professional Buildings, including a provision for up to two
free-standing monument signs for the business complex; and approve two free-standing
monument signs for the main entrance drive of the Mammoth Professional Buildings; and
WHEREAS, Subsection 9-3.315(d) of the Municipal Code provides that an adopted
CDP may be amended as follows: "(A) If the Planning Commission determines that the
proposed amendment is consistent with the overall purpose and general design of the
original adopted CDP, the Planning Commission may approve the amendment by
resolution. The amended CDP shall then become the specific CDP associated with the PC
district designation on the Official Zoning Map.'; and
WHEREAS, on September 12, 2006, the Planning Commission of the City of San
Juan Capistrano conducted a duly -advertised public hearing regarding the proposed
project, considered evidence presented by the City staff and other interested parties; and
WHEREAS, based on specific findings, the Planning Commission approved:
1. The amended Comprehensive Development Plan attached hereto as Exhibit
A, incorporating provisions regulating sign programs within the CDP area;
and
2. The Sign Program for the Mammoth Professional Buildings attached hereto
as Exhibit B; and
Page 1 of 3 04-03-2007
3. Two free-standing signs to be located on either side of the main entry drive
for the Mammoth Professional Buildings, attached hereto as Exhibit C.
WHEREAS, on September 27, 2006, Mr. Robert King of 29422 Spotted Bull Way,
appealed the Planning Commission approval on behalf of "Save Our San Juan" and
submitted a letter stating the reasons for his appeal; and
WHEREAS, on November 21, 2006, the appeal came before the City Council and,
due to improper noticing, was continued to the December 19, 2006 meeting ; and
WHEREAS, on December 19, 2006, the City Council conducted a duly -noticed
public hearing regarding the appeal of the Planning Commission approvals and considered
evidence presented by the public, City staff, the Planning Commission, and other
interested parties; and
WHEREAS, all legal prerequisites to the adoption of this resolution have been met.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano hereby makes the following findings and takes the following actions with regard
to the subject project:
Section 1: City Council Findings.
5. That the proposed amended Comprehensive Development Plan amendment,
attached hereto as Exhibit A, is not consistent with the overall purpose and
general design of the original adopted CDP in that the provision for sign
programs will allow building -mounted signs which are not compatible with the
character of the area, are unnecessary for adequate identification of the project
and its tenants, and would provide an undesirable precedent for other projects;
That the Sign Program for the Mammoth Professional Buildings, attached hereto
as Exhibit B, is not consistent with the Comprehensive Development Plan in that
the building -mounted signs in the Sign Program are not compatible with the
character of the area, are unnecessary for adequate identification of the project
and its tenants, and would provide an undesirable precedent for other projects,
and in that sign programs are not allowed in the project area due to denial of the
CDP amendment described hereinabove;
7. That the plans for two free-standing monument signs at the main entry for the
Mammoth Professional Buildings, attached hereto as Exhibit C, are not
consistent with applicable sign regulations due to denial of the Sign Program
described hereinabove.
8. The City Council received considerable public testimony from a number of
neighboring property owners that the proposed sign program was incompatible
with surrounding area, was excessive in size and scope, and would have an
Page 2 of 3 04-03-2007
adverse impact on the adjoining residential communities and would not be
compatible with the Comprehensive Development Plan CDP 90-2 and the
Planned Community zoning.
Section 2: City Council Actions.
Based on the preceding findings, the City Council hereby upholds the appeal,
reverses the Planning Commission actions on the subject applications and denies the
following without prejudice:
1. The amended Comprehensive Development Plan attached hereto as Exhibit A,
incorporating provisions regulating sign programs within the CDP area; and
2. The Sign Program for the Mammoth Professional Buildings attached hereto as
Exhibit B; and
3. Two free-standing signs to be located on either side of the main entry drive for
the Mammoth Professional Buildings, attached hereto as Exhibit C.
"Denial without prejudice" means that the developer may file a new application for a
zoning amendment (CDP amendment) for a revised comprehensive sign program without
having to pay any further processing fees of any kind.
PASSED, APPROVED AND ADOPTED this 3`d day of April, 2007.
ALLEVATO, MAYOR
Page 3 of 3
04-03-2007
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 07-04-03-02 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of April 2007, by the
following vote:
AYES: Nielsen, Uso, Hribar and Mayor Allevato
None
None
Soto
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
ABST.4R
QOUNCIL MEMBER:
RESOLUTION EXHIBIT A:
AMENDED COMPREHENSIVE DEVELOPMENT PLAN
CITY OF SAN JUAN CAPISTRANO
COMPREHENSIVE DEVELOPMENT PLAN 90-2
SEPTEMBER 2006
Adopted as SDP 90-2: April 16, 1991
Amended: May 20, 1997
May 11, 2004
September 12,206
A. PURPOSE AND INTENT
The purpose and intent of this Comprehensive Development Plan is to:
1. Provide development concepts and permitted land uses for approximately 18
acres located on the east side of Rancho Viejo Road south of Via Escolar
(see attached Exhibit L-1) in order to facilitate implementation of the Land
Use and other elements of the General Plan; and
2. Provide for the utilization of innovative land planning and building design as a
means of achieving high quality, variety, flexibility and efficiency in design for
the designated property.
3. Ensure high quality unobtrusive development design at this gateway to the
City. The properties in this CDP are highly visible from both the 1-5 freeway
and the San Joaquin toll road and are among the first views drivers
experience as they enter San Juan Capistrano. As such, projects must be of
high quality and designed to blend into the natural terrain and their visual
backdrops.
B. DESIGN STANDARDS
1, GOALS
To provide for well-designed office -oriented development which is sensitive to
existing site topography and off-site views and which meets the standards of
the PC (Planned Community) District.
2. SITE DESIGN/GRADING
Site and grading design shall preserve the integrity of major landforms and
minimize visual impacts from off site. New manufactured slopes shall be
designed to resemble natural topography and shall be heavily landscaped.
• Building pads shall be sited and designed to minimize grading.
• Pedestrian walkways shall be provided between parking areas, from
the public street to all buildings, and between buildings.
• Grades in parking and drive aisle areas shall be less than 7 percent.
3. ARCHITECTURE
• Rooftop design, colors and equipment screening shall consider views
' of the site from residential properties located at a higher grade than the
project site.
Page 3 of 8 04-03-2007
Building colors shall be relatively dark earthtones.
Building materials shall incorporate stone treatment at the base and on
major architectural features such as columns and entrances.
Building facades should not have continuous bands of glazing; long or
tall window treatments should be broken up with other architectural
features.
4. LANDSCAPING
Landscaping plant palettes
and shall demonstrate a
sycamore, poplar and oak
encouraged.
C. PRINCIPAL USES PERMITTED
1. PERMITTED USES:
shall be consistent with the building design
consistent thematic treatment. Use of
combined with native plant materials is
a. General office uses such as business, professional and similar office uses.
b. Public and semi-public buildings, services and facilities including
governmental buildings, public utility offices and exchanges, but excluding
public schools, police stations, etc.
c. Architecture, engineering, design and consulting firms who provide a
service to other business firms.
d. Real estate brokerage, mortgage banking, insurance firms.
e. Large offices, such as corporate headquarters.
f. Offices of nonprofit and civic organizations.
g. Libraries, museums and art galleries.
h. Financial, insurance, legal and accounting services and travel agencies.
i. Small-scale personal services incidental to the above office uses,
including snack bars, delicatessens, business supplies and printing and
reproduction services, excluding newspaper and other publications. Such
uses shall be permitted only in conjunction with the principal permitted
office uses and shall not exceed a total of five percent of the total gross
square feet of the project.
2. PROHIBITED USES:
a. Banks, savings and loan and credit unions
except for mortgage banking and general anc
savings and loans and credit unions.
b. Medical and dental offices.
c. Public and private schools except for general
private schools.
and retail banking outlets,
corporate offices for banks,
offices related to public and
Retail and restaurant uses, except as allowed under 'Permitted Uses",
preceding.
Page 4 of 8 04-03-2007
g. All non-specified uses are prohibited.
D. DEVELOPMENT STANDARDS
This project falls under the requirements of the Land Use Code's PC District
(Section 9-3.315), as well as its Supplementary District Regulations (Land Use
Code Chapter 3, Article 5), including, but not limited to, Parking and Signing.
Development of the site shall adhere to the following standards:
1. Building heights and the elevations of the building pads, as well as the overall
project design shall allow visual access to surrounding open space.
2. The integrity of hilly terrain and respect for views both of and from the hills
shall be maintained, and proposed development shall be integrated with the
natural topography.
3. There shall be no flat roofs.
4. There shall be no visible roof -mounted mechanical equipment, unless placed
in screened wells.
5. Summer shading, windbreaks and visual buffering shall be provided by a
number of evergreen trees. Vegetation shall consist of indigenous and
domestic species complimentary to the architecture of the project.
IIIIIIIII
• • �• -• • �_ - 4 •1 • 1 •- M
OrOIBCtIs main entry.
Page 5 of 8
04-03-2007
F. MODIFICATIONS TO DEVELOPMENT STANDARDS
Modification to this Specific Development Plan shall be made in accordance with
Subsection 9-3.315(d) of the Land Use Code.
G. PUBLIC NOTIFICATION
All property owners of Country Hills Estates and Spotted Bull shall be included in
the notice list for any proposed land use entitlement or project changes
subsequent to the effective date of the approval of this Comprehensive
Development Plan.
H. SUPPLEMENTARY DISTRICT REGULATIONS
The Supplementary District Regulations of Chapter 3, Article 5 of the Land Use
Code. However, specific regulations adopted as part of this Comprehensive
Development Plan shall supersede said Supplementary District Regulations.
I. ISSUES NOT ADDRESSED
In cases where standard regulation or other issues are not addressed in this
Specific Development Plan, the appropriate provision of Title 9 of the Municipal
Code shall regulate.
J. COMMON AREAS
1. Appropriate legal instruments, such as CC&R's, management agencies
and/or owners' associations, shall provide means for the on-going
maintenance of all retaining walls, open spaces, private streets, parking lots,
buildings and landscaping. Said legal instruments shall be approved by the
City and shall be appropriately recorded prior to the issuance of building
permits.
2. The CC&R's or legal instruments shall incorporate provisions of the
responsible owners' association for maintenance of any commonly owned
land should the City determine, after reasonable and customary notice to the
property owners' association, that adequate maintenance is not being
performed on such land.
3. In the case of owners' associations, no in -common holding may be sold or
otherwise transferred to the control of any other entity, except one conceived
and designed to fulfill the same basic purposes as the owners' association.
Page 6 of 8 04-03-2007
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CDP EXHIBIT L-1: CDP LOCATION MAP AND BOUNDARIES
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RESOLUTION EXHIBIT C:
FREESTANDING MONUMENT SIGNS
MONUMENT SIGN _
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DRAPN FIFE—
FRONT VIEW
CAST CCNCRETE
GAP L
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CEMENT PLASTER
CUL7JRED --
STONE VENEER
LIGHTII t
PER ELEC
DUGS
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TYPICAL SECTION A
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CEMENT PLOASTER
SOLID METAL LETTERS WITH
CFFSET 5TUD5
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