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Resolution Number 07-07-17-03RESOLUTION NO. 07-07-17-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A SIGN PROGRAM AND SCOREBOARDS FOR JSERRA HIGH SCHOOL, SOUTH CAMPUS (PUEBLO SERRA HOLDINGS, INC.) WHEREAS, the applicant, Randal Boone Signage, Lighting and Crane Service, agents for the property owner, Pueblo Serra Worship Holdings, filed an application for Modification 2 to Architectural Control (AC) 02-07 to permit the construction of signage and scoreboards on the South Campus of JSerra High School; and, WHEREAS, the Planning Commission considered the matter on March 27 and April 24, 2007, and took action on April 24, 2007 to deny the applicant's request on the basis that all of the findings for approving an Architectural Control could not be met; and WHEREAS, on May 9, 2007, the applicant filed an appeal of the Planning Commission action to deny the application; and, WHEREAS, the applicant, revised the project to move the Softball scoreboard to a less obtrusive location and to eliminate the Tennis scoreboard in orderto address concerns ' raised by the Planning Commission; and WHEREAS, the City Council considered the applicant's appeal on July 3, 2007, and, after hearing testimony by staff, the applicant and others, made additional revisions to the signage and scoreboards and determined that the sign program and scoreboard plans as revised and now proposed is consistent with the Land Use Code and the approved plans for JSerra High School and the proposed project will not result in any new, significant adverse impacts not previously identified and mitigated in the Environmental Impact Report, and further, all mitigation measures established by the 2004 EIR that are pertinent to this project have been incorporated herein as conditions of approval; and, WHEREAS, the City Council finds that the project as revised is consistent with the provisions of Municipal Code Section 9-2.313(c) in that: 1. The project plans comply with all provisions of Title 9 of the Municipal Code; 2. The architectural and design of the project is consistent with the Community Design Guidelines; 3. The plans are compatible with surrounding existing and proposed land uses; 4. The character, scale and number of signs and scoreboards proposed are consistent with the adopted Architectural Design Guidelines; 5. The proposed plan will not impact or otherwise obstruct vehicular, bicycle and pedestrian circulation; and 6. The project will not adversely impact and is compatible with the approved landscaping plans for the overall JSerra High School South Campus project. Page 1 of 2 7/17/2007 WHEREAS, the Environmental Administrator has evaluated the project and has determined that the project qualifies as a Categorical Exemption Class 3 and Class 11 under Sections 15303 and 15311 respectively of the California Environmental Quality Act; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approves the applicant's appeal, reverses the Planning Commission determination to deny the sign program and scoreboards, and approves Architectural Control (AC) 02-07 Modification and subject the Conditions of Approval contained in Exhibit A of this resolution. PASSED, APPROVED, AND ADOPTED t 17th day of JulZ207. A ALLEVATO A 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. 07-07-17-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of July 2007, by the following vote AYES: CO NCIL MEMBERS: Hribar, Soto and Mayor Allevato NOES: CO NCIL MEMBER: Nielsen and Uso ABS E T: O NCIL MEMBER: None erk Page 2 of 2 7/17/2007 ACO2-07 Modification #2 ' Exhibit A CONDITIONS OF APPROVAL Project #: AC 02-07 Modification #2 Project Name: Sign Program and Score boa rds/JSe rra High School South Campus APPROVAL DATE: July 17, 2007 EFFECTIVE DATE: July 17, 2007 EXPIRATION DATE: July 17, 2009 These conditions of approval apply to Architectural Control (AC) 02-07 Modification #2 to approve a Sign Program and Scoreboards for JSerra High School, South Campus located on the northeast corner of Junipero Serra Road and Camino Capistrano. Any proposed change of use or size, location or other modifications to the signs and/or scoreboards shall be submitted to the City Planning Department along with the required application and fee, for review. For the purposes 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. General Conditions: AC 02-07 Modification #2 is granted to construct signage and ' scoreboards. This approval is granted based on the application materials submitted by Randall Boone Sign, Lighting and Crane, consisting of a Sign Program and Scoreboard Plan dated March 12, 2007, and as further revised by the City Council on July 3, 2007. 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 Planning 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 Planning Director upon submittal of an application and the required fee. This approval shall become effective on the date of the City Council's approval and shall expire July 17, 2009, 24 months after the date of the approval unless a building permit or grading permit which is the subject of this action has been issued and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. 2. _ Approval of this application does not relieve the applicant from complying ' with other applicable Federal, State, County or City regulations or requirements. 'Denotes Environmental Mitigation Measure Exhibit A Page 1 of 3 07/17/2007 ACO2-07 Modification #2 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 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, 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. _ All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) The following conditions shall be completed prior to or in conjunction with the issuance of building permits: *Denotes Environmental Mitigation Measure Exhibit A Page 2 of 3 07/17/2007 ACO2-07 Modification #2 10. _ Sion Program/Scoreboard Revisions. The applicant shall revise the plans for the wall signage and scoreboards as follows: a. Gymnasium Wall Signs — the sponsor name shall be eliminated on both the north and west elevation signs — the copy text "gymnasium" may be used. Both wall signs shall be non - illuminated. b. Swimming Pool Scoreboard — the "sponsor panel' shall be removed and the scoreboard height reduced accordingly (maximum scoreboard dimensions: 18 feet in width by 7 ft. 10 in. in height). C. Softball Scoreboard — the "sponsor panel' shall be removed and the scoreboard height reduced accordingly, and the maximum width shall be reduced to 18 feet (maximum scoreboard dimensions: 18 feet in width by 9 feet in height). d. Football/Track Scoreboard — the "sponsor panel' shall be removed and the scoreboard size reduced by 15% each dimension (maximum scoreboard dimensions: 18 ft. 10 in. in width by 17 ft. 3 in. in height). e. Baseball Scoreboard — the "sponsor panel' shall be removed, the scoreboard size reduced by 15% each dimension and the overall height of the scoreboard shall not exceed the height of the adjacent ' baseball outfield fencing (maximum scoreboard dimensions: 18 feet in width by 9 feet in height). 11. _ Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City -adopted edition of the applicable building codes. (B&S) 12. _ Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, and/or Planning Director (as applicable). 13. _ Prior Approvals. The Conditions established by City Council Resolution No. 04-08-31-02 shall remain in full force and effect at all times. Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department ' PW = Public Works Department OCFA = Orange County Fire Authority End of Conditions "Denotes Environmental Mitigation Measure Exhibit A Page 3 of 3 07/17/2007