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PC Resolution-13-02-12-02PC RESOLUTION NO. 13-02-12-02 ARCHITECTURE CONTROL 12-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A SIGN PROGRAM AND A 35 FOOT TALL TOWER AND DENYING A 25 -FOOT TALL FREE- STANDING MONUMENT SIGN ON THE TUTTLE-CLICK CAPISTRANO FORD DEALERSHIP PROPERTY LOCATED AT 33301 CAMINO CAPISTRANO (APN 668-121-11 & 14) (TUTTLE-CLICK CAPISTRANO FORD) Whereas, Tuttle -Click Capistrano Ford requests approval of a Sign Program to install five (5) building -mounted signs, a monument sign with a height of 25'-0", a directional sign and construction of a tower at the front elevation of the building with a height of 35'-0". The property is General Plan designated as "QI" (Quasi -Industrial) and is designated as "CM" (Commercial Manufacturing) 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, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA), and the proposed project is exempt from CEQA review per Section 15311, Class11 (a) and Section 15301, Class 1 (e). Whereas, the Planning Commission conducted a duly noticed public meeting on January 22, 2013 and February 12, 2013 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the Sign Program: The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project because the signage is in scale with the building massing and is consistent with that used by adjacent auto dealerships in the vicinity of the site; and, 2. The sign program conforms to the applicable requirements of this Code and any applicable specific plan or comprehensive development plan because the size of the building mounted signs are complimentary to other dealerships in the vicinity; and, 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because it is consistent with that used by adjacent auto dealerships in the vicinity of the site. PC Resolution 13-02-12-02 2 February 12, 2013 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the tower is consistent with the City's Architectural Design Guidelines, specifically with the following design policies for Auto Dealerships: 1. Buildings should be well articulated and stylistically consistent on all sides. 2. Showroom and office structures should be oriented toward the major public streets. 3. Service bays should be concealed from public view. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby finds that the free-standing monument sign would be inconsistent with the Title 9, Land Use Code because the tower element includes "Ford" logo signage so that the 25'-0" free-standing monument sign is not appropriate; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves a sign program for the project and a 35 -foot tall tower element subject to the conditions of approval contained in Exhibit "A" attached hereto and incorporated herein with the exception of the proposed free-standing monument sign along the Camino Capistrano frontage; and, EFFECTIVE DATE & FINAL APPROVAL: This project action shall become final and effective following expiration of the fifteen (15) day appeal period without filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, February 27tH 2013, PASSED, APPROVED AND ADOPTED this 12th day of February, 2013, by the following vote, to wit: AYES: Chairman Rob Williams, Commissioners Tim Neely, Roy Nunn, and Jeff Parkhurst. NOES: None. ABSTAIN: None. obert Williams, fes-® Wi iam A. Ramsey, AICP, dsktant Director, Secretary 7 Exhibit "A" RESOLUTION #: 13-02-12-02 CONDITIONS OF APPROVAL Project #: AC 12-018 Project Name: Tuttle -Click's Capistrano Ford APPROVAL DATE: February 12, 2013 EFFECTIVE DATE: February 27, 2013 These conditions of approval apply to Architecture Control (AC) 12-018, to construct five (5) building mounted signs, a directional sign and construction of a tower at the front elevation of the building with a height of 35-0", for the Capistrano Ford auto dealership building located on 5.24 acres, specifically located at 33301 Camino Capistrano (APN 668-121-11 & 14). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Planning 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: This approval is granted based on the application materials submitted by Gordon L. Mountjoy Associates, Inc. on February 1, 2013 including site plan, elevations, and lettering details. 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 site plan, 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. If not appealed, this approval shall become effective on the date of the Planning Commissions approval and shall expire February 27, 2015; 24 months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place 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. . PC Resolution 13-02-12-02, Conditions of Approval February 12, 2013 AC 12-018, Tuttle -Click's Capistrano Ford Pape 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 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. 10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply with all construction activities which includes the delivery and/or recovery PC Resolution 13-02-12-02, Conditions of Approval February 12, 2013 AC 12-018, Tuttle -Click's Capistrano Ford Page 3 of 3 of materials, supplies or construction equipment shall be conducted in accordance with the prescribed hours of operation. 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. (PLN) 11. Orange County Fire Authority (OCFA) Approval. The applicant shall secure OCFA approval prior to commencement to any building construction. (OFCA) 12. The applicant shall secure all applicable building permits for construction of the proposed project as required by the Building Official. (B&S). 13. The project shall be constructed per the Planning Commission's approved architectural sign program. Any variations shall be submitted to the Planning Department for review and approval. (PLN) 14. Final Planning Inspection. 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 Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) 15. On -Going Condition. All landscape and signs shall be maintained by owner in a good and safe condition. No signs shall be allowed on the site except in accordance with the approved sign program or as otherwise permitted by a Special Activities Permit. By accepting these conditions of approval, the applicant indicates concurrence with this approved Sign Program and City's Sign Ordinance Section 9-3.543. Responsible Agencies: B&S Building and Safety ENG _ Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Applicant Acceptance of Conditions of Approval: BY: "� =S1 &10_1 ns Cotter, Tuttle -Click Capistrano Ford Date