Resolution Number 08-04-01-04' RESOLUTION NO. 08-04-01-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AFFIRMING AND CLARIFYING THE DECISION TO
GRANT CONDITIONAL APPROVAL FOR THE INSTALLATION OF
SPECIFIC SIGNS FOR THE MAMMOTH PROFESSIONAL BUILDING
PROJECT (APN 650-01-32) (MAMMOTH EQUITIES)
WHEREAS, on May 11, 2004, the Planning Commission of the City of San Juan
Capistrano (the City) approved Architectural Control (AC) 03-09, for a two building office
project totaling approximately 98,000 square feet of gross floor area on approximately
11.5 acres located at 29122-29222 Rancho Viejo Road (the property); and,
WHEREAS, the property is zoned Planned Community and has an approved
Comprehensive Development Plan (CDP 90-2), which CDP did not include any
approval for a sign program; and,
WHEREAS, in February 2007 Mammoth Equities installed a total of six (6),
eighteen square foot, building mounted, freeway facing, illuminated green signs on the
two buildings; and,
WHEREAS, on August 13, 2007, Mammoth Equities LLC filed an application for
' an amendment to CDP 90-2, pursuant to Municipal Code Section 9-3.315, for the
purpose of submitting a new sign program for the project (the project); and,
WHEREAS, the project included replacing the six (6) illuminated green signs with
two internally illuminated building mounted signs of 53 square feet and 60 square feet a
piece; two ground illuminated free-standing monument signs totaling 48 square feet;
and one ground illuminated free-standing directional sign of 2.5 square feet; and,
WHEREAS, the Environmental Administrator reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the California Environmental Quality Act
(CEQA) Guidelines, issued a Mitigated Negative Declaration (MND) pursuant to Section
15070 of those guidelines; caused a Notice of Intent to Adopt a Mitigated Negative
Declaration to be posted pursuant to Section 15072 of those guidelines from September
4, 2007 to September 24, 2007; and has otherwise complied with all applicable
provisions of CEQA; and,
WHEREAS, Subsection 9-3.315(d) of the Municipal Code provides that an
adopted CDP may be amended by resolution if the Planning Commission determines
that the proposed amendment is consistent with the overall purpose and general design
of the original adopted CDP; and,
I WHEREAS, the Planning Commission conducted two public hearings on
September 25, 2007 and October 9, 2007, to consider the proposed project; and
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WHEREAS, on October 9, 2007, the Planning Commission approved the project —
pursuant to the draft resolution presented by City staff, and adopted Planning
Commission Resolution No. 07-10-9-4, which approved the MND and adopted an
associated mitigation and monitoring program; and conditionally approved a modified
version of the proposed project; and
WHEREAS, the Planning Commission approval allowed for two building -
mounted signs of 40 square feet each with no illumination; two illuminated, free-
standing monument signs totaling 48 square feet; and one ground -mounted illuminated
free-standing directional sign of 2.5 square feet; and,
WHEREAS, following the filing of three appeals to the Planning Commission's
conditional approval, the City Council conducted a public hearing on November 20,
2007, to consider, de novo, the evidence presented by City staff, the appellants and
other interested parties and after due consideration, the City Council affirmed the
Planning Commission's conditional approval of the proposed sign program with
additional modifications and denied all three appeals; and,
WHEREAS, the City Council modified the Planning Commission's approval by
allowing for a building -mounted sign of 50 square feet for the south building and 53
square feet for the north building; requiring that the internal illumination must be turned
off by 7:00 pm and eliminating the previously permitted wall -mounted sconce lighting in
the location of the building -mounted signs; and,
WHEREAS, in all other respects, the City Council on November 20, 2007,
affirmed the Planning Commission's approval; and,
WHEREAS, on December 4, 2007, the City Council adopted Resolution No. 07-
12-4-03, after allowing for public comment on the action, and that resolution confirmed
the City Council's prior action of November 20, 2007, affirming the Planning
Commission's approval of the MND, adopted findings responding to the project appeals
and specifically incorporated by reference the staff report analysis and Planning
Commission findings in support of the decision; and,
WHEREAS, at the December 4, 2007 hearing, the City Council determined by
motion to further revise the project approval to specify that the lighting for the building -
mounted signs may not be turned on before 4:00 pm and must be turned off by 7:00
pm; and,
WHEREAS, because of a clerical error, Resolution No. 07-12-4-03 was not
revised to reflect this additional edit; the City Council has determined that additional
clarification is needed to properly reflect all of the approved project conditions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds and --
determines that the conditional approval of specific signs for the Mammoth Equities'
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' property as stated in Planning Commission Resolution No. 07-10-09-04 and in City
Council Resolution No. 07-12-4-03 be hereby affirmed as follows:
Section 1. Pursuant to the CEQA Guidelines Section 15063, an Initial Study
has been prepared for this project. After reviewing the Initial Study, the MND and the
whole record before it, the City Council:
a. Determines that, with implementation of the following mitigation
measures, the project will not have a significant impact upon the
environment and an environmental impact report is not required:
1. Mitigation Measure 1 — The two building mounted signs shall be
limited to 53 square feet for the north building and 50 square
feet for the south building. The building mounted signs shall be
of reverse channel letter construction with soft LED "halo style"
backlighting and must be installed with a timer to control the
lighting. The illumination may not be turned on before 4:00 pm
and must be turned off by 7:00 pm. The proposed building
sconce lighting in the location of the building mounted signs
shall not be permitted.
2. Mitigation Measure 2 — Each of the two monument signs shall
be limited to a maximum aggregate area of 48 square feet (i.e.,
24 square feet for each sign) unless the Planning Commission
or City Council on appeal determines that less sign area is
warranted. The materials shall be consistent with the existing
building and the lighting shall be shielded and directed away
from adjacent properties.
3. Mitigation Measure 3 — The vehicle directional sign shall be
limited to building addresses only, shall not exceed 2.5 square
feet in area, have materials and colors consistent and
complimentary with the monument signs and buildings, and the
lighting shall be shielded and directed away from any adjacent
properties.
b. Determines that revised Mitigation Measure 1 is as effective as the
original mitigation measure to reduce the potential aesthetic and visual
quality impact to a level of insignificance. While the revised mitigation
measure allows an increase in the allowable size of the two signs,
unlike the original measure, the revised mitigation measure limits
illumination to one three (3) hour period per day (4 p.m. to 7 p.m.) and
prohibits sconce lighting. Moreover, the mitigation measure
establishes sign parameters that represent a substantial aesthetic and
visual quality improvement over the previously installed illuminated
green signage, which is the "baseline" condition for purposes of
' gauging the aesthetic impacts of the new signage.
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C. Finds that the modifications to the size and lighting scheme for the —
building mounted signs, reflected in revised Mitigation Measure 1, do
not result in any new or more significant impacts on the environment
because the project modifications will adequately mitigate the
potentially significant aesthetic impacts identified in the MND.
d. Determines that the reduced square footage and limited three-hour
lighting provisions prevent degradation of the area's existing visual
character and eliminate virtually all night lighting, such that there will
not be a new source of substantial light or glare in the area. These
project modifications will continue to result in a more aesthetically
acceptable color scheme and visual statement than signage and/or
night lighting at other freeway visible locations such as the Ortega
Ranch locality, South Coast Christian Assembly and some of the local
car dealerships. The proposed reverse channel letters will be
constructed of high quality metal with a brushed aluminum finish. The
monument signs will be a stucco finish accented by stone veneer to
coordinate and match the building design and the directional sign will
be consistent with the design of the monument signs.
e. Finds that the smaller sign on the south building reduces the project's
overall impact on the existing visual character of the site and the
surrounding area and is more proportionally compatible with the size of
the building. The south building is the one located closest to the
adjacent residential neighborhood, and thus, the one that allegedly
could have a larger impact on nearby residents.
f. Determines that the impact from the signage will be reduced because
the signs for both buildings will be placed on the side facing the
freeway, away from the residents of the Spotted Bull neighborhood.
The reduced size of the sign allows for identification of the building,
thereby meeting the needs of the business community, and at the
same time, balancing the concerns identified by some residents of the
adjacent neighborhood.
g. Confirms approval of the MND subject to the revised mitigation
measures and attached Initial Study, which reflects the independent
judgment of the City. Records relating to the MND and Initial Study are
retained in the Planning Division of the City.
h. Confirms adoption of the necessary Mitigation and Monitoring
Program, which consists of the Planning Division's review of building
permit plans for the approved sign program prior to issuance of a
building permit for sign construction. Planning Division oversight will —
ensure that the signs are in compliance with the approvals codified in
this resolution.
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' Section 2. After considering the appeals filed to the Planning Commission's
project approval, the City Council:
a. Confirms that it approved the following project features:
1. One building mounted sign for each of the two buildings on the
property. The north building may have a sign that is 53 square
feet and the south building may have a sign that is 50 square
feet. The signs shall be installed with a timer and may be
illuminated from 4:00 pm until 7:00 pm. Building sconce lighting
in the location of the building mounted signs is prohibited.
2. Two free-standing monument signs with each on either side of
the entry drive with an aggregate total area of 48 square feet
(i.e., 24 square feet each) with ground mounted lighting.
3. One directional sign on a cement pilaster, totaling 2.5 square
feet, 4 feet 6 inches in height, ground mounted lighting with
materials and colors matching the monument signs.
b. Finds that the approved signs are consistent with the overall purpose
and general design of the originally adopted CDP, as the project will
not have a significant adverse visual impact on surrounding properties.
C. Determines that the reduced square footage of the building mounted
' signs with limited illumination will be a more aesthetically acceptable
color scheme and visual statement than signage and/or night lighting
at other freeway visible locations such as the Ortega Ranch locality,
South Coast Christian Assembly and some of the local car dealerships.
The proposed reverse channel letters will be constructed of high
quality metal with a brushed aluminum finish. The monument signs will
be a stucco finish accented by stone veneer to coordinate and match
the building design, the directional sign will be consistent with the
design of the monument signs.
d. Finds the reduced square footage of the building mounted sign on the
south building limits the project's overall impact on the existing visual
character of the site and the surrounding area and is more
proportionally compatible with the size of the building. The south
building is the one located closest to the adjacent residential
neighborhood, and thus, the one that may have the larger impact on
those residents. The reduced size of the sign balances the need for
identification of the buildings, and at the same time, responds to the
concerns identified by some residents of the adjacent neighborhood.
Section 3. The City Council hereby incorporates by reference the analyses
included in all staff reports prepared for this project, the additional findings made in
Planning Commission Resolution No. 07-10-9-4 and the findings made in City Council
Resolution No. 07-12-4-03.
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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. 08-04-01-04 was duly adopted by the City Council of the City of San
Juan Capistrano at a Regular meeting thereof, held the 151 day of April 2008, by the following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Hribar, Uso and Mayor pro Tem Nielsen
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
ABSTAIN:
COUNCI) MEMBER:
Mayor Soto
Clerk
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