Resolution Number 08-12-16-01 RESOLUTION NO. 08-12-16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL OF
ARCHITECTURAL CONTROL(AC)08-020, THEREBY OVERTURNING THE
PLANNING COMMISSION DECISION TO DENYA PROPOSED VINYL WALL
MURAL LOCATED AT 33033 CAMINO CAPISTRANO (APN 668-291-20)
(APPLICANT: MARC SPIZZIRI) (APPELLANT: HARRY RAUCH)
WHEREAS, on May 8, 2008, Marc Spizziri submitted Architectural Control application
(AC) 08-020 for a proposed 1,680 square foot (12'-0" x 140'-0") vinyl wall mural to be
mounted on an existing building located at 33033 Camino Capistrano which is General Plan
designated Quasi-Industrial and classified as Commercial Manufacturing (CM)on the Official
Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, staff is recommending approval of the project and pursuant to Section
3.06 of the City's adopted CEQA Guidelines, the project is exempt from environmental
review pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and,
WHEREAS, on July 8, 2008, the Planning Commission conducted a Land Use
Determination and denied Architectural Control (AC) 08-020 by minute order; and,
WHEREAS, on December 16, 2008 the City Council conducted a duly-noticed public
Dearing for continued consideration the appeal of Planning Commission denial of
Architectural Control (AC) 08-020; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby make the following findings:
1. The project is consistent with City's Design Guidelines, specifically Section VIII (B),
Signs, because the project does: "Contribute in the enhancement of the City's
distinctive character",- incorporate creative, high quality signage",• and "Compliment
the building's architectural design".
2. The project is consistent with the recommendations of the Design Review Committee
in that:
• The mural would be sepia tone;
• Superimposed cars would be sepia tone; no color;
• The cars would be consistent with the period of the photograph (1930s);
• The building color would be integrated into the design of the mural;
• The mural would be framed.
3. The mural would be limited to artistic expression and not incorporate product
advertising
Page 1 of 2 12/18/2008
4. The final mural plan shall be reviewed by the Design Review Committee.
NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of San Juan
Capistrano does hereby uphold the appeal request and overturns the July 8, 2008 Planning
Commission decision to deny Architectural Control (AC) 08-020 for the proposed vinyl mural,
subject to the attached conditions of approval (Exhibit A).
PASSED, APPROVED, AND ADOPTED this 16th day f D c ber, 2008.
'W y.
MARK N ELSE , MAYOR
ATTE T:
AR RET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No.08-12-16-01 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 16th day of December 2008, by the following vote:
AYES: COUNCIL. MEMBERS: Allevato, Freese, and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar and Mayor pro tem Uso
ABSENT: COUNCIL MEMBER: None
7APAREAT RCity Clerk
Page 2 of 2 12/16/2008
Exhibit A
CONDITIONS OF APPROVAL
Project#: AC 08-013 Project Name: SJC Family Classic Cars
These conditions of approval apply to Architectural Control (AC) 08-020, approval of a
wall mural at 33033 Camino Capistrano (APN 668-290-02). Any proposed change of
use or expansion of the area or modifications to the site plan or signage shall be
submitted to the Community Development Department along with the required
application and fee, for review. 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.
General Conditions:
1. (AC) 08-020 approval is granted to modify the eastern elevation of the
building to include a 1,680 square foot mural. The building is located at
33033 Camino Capistrano. (APN 668-291-20). This approval is granted
based on the application materials submitted by Harry Rauch, including
the photo rendering. These pians 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 Community Development Director
to be in substantial conformance. with the plans, and which do not
increase the size, add illumination, or otherwise intensify or change the
mural or require any deviations from adopted standards, may be approved
by the Community Development Director upon submittal of an application
and the required fee. If not appealed, this approval shall become effective
on the first business day following the fifteenth (15�h) day after the date of
the City Council's approval and shall expire December 16, 2010 (24)
months after the effective date of the approval unless the mural which is
the subject of this action has been installed and approved 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 Community Development 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 Community Development
Director.
2. Final plans shall be submitted to the Community Development Director for
review and approval.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Final Conditions of Approval
AC 08-020 Date: December 16, 2008
Page 2 of 3
4. 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.
5. 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.
6. 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.
7. 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.
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:
Final Conditions of Approval
AC 08-020 Date: December 16, 2008
Page 3 of 3
10. Buildinq Construction Plans. Prior to issuance of building permits, the
applicant shall submit a Sign Permit Application to the Planning
Department. Such plans shall be fully dimensioned, in substantial
conformance with those plans approved and modified by the Design
Review Committee in the following manner:
• The mural would be sepia tone;
• Superimposed cars would be sepia tone; no color;
• The cars would be consistent with the period of the photograph
(1930s);
• The building color would be integrated into the design of the mural;
• The mural would be framed. (PLN)
11. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(PLN)
12. 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)
13. Consistency with Approved Pians and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, landscape/irrigation plans,
and sign elevations. (PLN)
14. DRC Review. The final mural plan shall be reviewed by the DRC. (PLN)
The following ongoing conditions shall be complied with at all times after
completion of the project.
15. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning