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PC Resolution-13-09-24-01PC RESOLUTION NO. 13-09-24-01 ARCHITECTURAL CONTROL 13-016 AND SIGN PERMIT 13-016 DEL TACO EXTERIOR REMODEL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONDITIONALLY APPROVING THE BUILDING -MOUNTED SCONCE LIGHTING OF ARCHITECTURAL CONTROL 13-016, THE BUILDING -MOUNTED SIGNAGE OF SIGN PERMIT 13016, AND A NOTICE OF EXEMPTION FOR AN EXISTING RESTAURANT LOCATED AT 31780 DEL OBISPO ST GENERALLY LOCATED 300 FEET SOUTH OF ORTEGA HIGHWAY (APN 668-241-27) WHEREAS, Mark Raber, with Del Taco, LLC, representing property owner Swartz Family Trust has requested approval to remodel the exterior of the existing 2,030 square foot Del Taco Restaurant to include modified building color palette, building - mounted lighting fixtures, graphic panels with gooseneck illumination on the north and south elevations, relocate one existing building -mounted sign from the east elevation to the north elevation, and install a new east elevation building -mounted sign. WHEREAS, The subject property is located at 31780 Del Obispo St, on the east side of Del Obispo, south of Ortega Highway in the General Commercial zone district (APN 668-241-27); and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review Procedures of the Land Use Code; and, WHEREAS, this project has been evaluated by the Environmental Administrator in accordance with Section 21080(c) of the California Environmental Quality Act (CEQA) Guidelines and has been determined to be categorically exempt pursuant to Section 15301, Existing Facilities; and, WHEREAS, the Design Review Committee (DRC) conducted a work session on June 6, 2013 and the project has been amended to reflect their recommendations; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 24, 2013, pursuant to Section 9-2.313 Architectural Control Review of the Municipal Code to consider public testimony on the proposed project; and, WHEREAS, the Planning Commission has considered public testimony and the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission formed an ad hoc committee to further review the building color palette and the landscaping for AC13-016 and continued the review of these items to the October 22, 2013 Planning Commission meeting. PC Resolution 13-09-24-01 2 September 24 2013 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: 1. The use and proposed building -mounted signage and building -mounted sconce lighting of the project comply with all applicable provisions of Title 9 of the San .Juan Capistrano Municipal Code. The project is a permitted use in the General Commercial zone district and complies with all development standards set forth in Municipal Code Section 9-3.303, Commercial Districts. The subject property is not within a specific plan or comprehensive development plan; and, 2. The use and proposed }wilding -mounted signage and building -mounted sconce lighting of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element. The project is consistent with the General Plan Land Use Element for General Commercial uses, and the Community Design Element for a village -like pedestrian scale development; and 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved. The subject property is a 21,902 square foot parcel and the proposed building -mounted signage and building -mounted sconce lighting additions to the existing restaurant maintains compliance with all development standards set forth in the San Juan Capistrano Municipal Code; and, 4. The character, scale and quality of the proposed building -mounted signage and building -mounted sconce lighting are consistent with the adopted Architectural Design Guidelines of the City. The project is consistent with the Architectural Design Guidelines Chapter 1V, General Commercial; and, 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation. The project does not propose any changes to the existing approved site access and circulation; and, 6. The proposed use and building -mounted signage and building -mounted sconce lighting are compatible with surrounding existing and proposed land uses and community character, including scale., intensity, massing, architectural design,. landscape design, and other development characteristics. The project is a permitted commercial use consistent with other commercial, retail and restaurant uses in the vicinity and the building -mounted signage and building -mounted sconce lighting is compatible in size, massing, colors and materials with properties in the area. 7. The graphic panels with gooseneck illumination on the north and south elevations of the project do not comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code, are not consistent with the goals, policies and objectives of the General Plan, including the Community Design Element, and are PC Resolution 13-09-24-01 3 September 24 2013 not consistent' with the Architectural Design Guidelines Chapter IV, General Commercial. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission approves use and proposed building -mounted sconce lighting of the project Architectural Control 13-016 and the building -mounted signage of the project SP 13-016 and the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at the close of business on Wednesday, October 9, 2013. This project approval shall be valid for a period of two (2) years from the date of approval of this resolution, and shall expire on October 9, 2015 unless a time extension request or building/grading permit application related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 24th day of October, 2013. Chair Sheldon Cohen Wilfiam Ramsey, AICP, Assistant Development Se ices Director Planning Commission Secreta PROJECT NUMBERS: PROJECT -NAME: APPROVAL DATE: EFFECTIVE DATE; EXPIRATION DATE; RESOLUTION ##: 13-09-24-01 CONDITIONS OF APPROVAL AC 13-016 and SP 13-016 Del Taco Restaurant Remodel September 24, 2013 October 9, 2013 October 9, 2015 These conditions of approval apply to Architectural Control 13-016 and Sign Permit 13- 016 for Del Taco Restaurant; a proposal to remodel the exterior of the existing 2,030 square foot Del Taco Restaurant to install building -mounted. lighting fixtures, relocate one existing building -mounted sign from the east elevation to the north elevation, and install a new north elevation building -mounted sign. The subject property totals 21,902 square feet and is located at 31780 Del Obispo St, San Juan Capistrano, CA. (Assessor Parcel Numbers: 668-241-27), on the east side of Del Obispo, south of Ortega Highway in the General Commercial zone district. Any proposed change of use, expansion of the area, or modifications to the approved plans or structures shall. be submitted to the City Development Services 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 successors in interest to the terms of this approval. General Conditions: 1. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 2. All plans, specifications, studies, reports, calculations, maps, note;, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 3. 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 Resolution No. 13-09-24-01 Conditions of Approval Architectural Control 13-016 September 24, 2013 Sign Permit 13-016 2 of 4 choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. 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. 5. 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. 6. The use shall meet the standards and shall be developed within the limits established by the San Juan Capistrano 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. 7. 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. 8. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental documents. 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Division prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. 10. All panels and lighting which have been installed without permits, and have not received approval are to be removed. 11. No exterior architectural changes will be permitted in the future without review and approval by the City. 12. No ground mounted up -lighting shall be permitted with this project. The following conditions shall be comi3leted prior to or in coniunction with the ng permits; issuance o building Resolution No. 13-09-24-01 Conditions of Approval Architectural Control 13-016 September 24, 2013 Sin Permit 13-016 3 of 4 13. Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Division for review and approval, and shall comply with the latest City -adopted edition of the applicable building codes. (B&S) 14. Building Construction Plans. The applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Division 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 Development Services Director (as applicable). Plans shall address the following. (DS) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location of all building -mounted light fixtures shall be shown on the elevations. A. detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. 15. Final Photometric Plans. Prior to the issuance of any building permits, the applicant shall prepare and submit a lighting plan and photometric analysis of the lighting plan which demonstrates to the satisfaction of the Development Services Director that the location and intensity of proposed lighting and illuminated signage will not adversely impact other properties or adjoining rights-of-way (railroad, trail, and street). The lighting plan shall be designed to comply with the provisions of Section 9-3.529, Lighting of the Land Use Code as determined by the Commission. The lighting plan shall include the location of all lighting, light source (high pressure sodium, metal halide), lens (NEMA) type, height, mounting (building, pole, etc.), vertical tilt, horizontal orientation, cutoff/shielding type, and location. The lighting plan shall be subject to review and approval by the Design Review Committee. All exterior lighting fixtures shall be provided with shielding and shall be oriented so that direct light does not encroach on any adjoining properties, and shall not exceed the maximum of four (4) foot- candles on or off site. (DS) The following conditions shall be met prior to acceptance of improvements or grantingLpermission to use or occupy the project site, as specified below: 16. Consistency with Approved Plans 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, grading plans, wall plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement Resolution No. 13-09-24-01 Conditions of Approval Architectural Control 13-016 September 24, 2013 Sin Permit 13-016 4 of 4 to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the City Planner. (DS) 17. 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 Development Services Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (DS). The following ongoing conditions shall be complied with at all tunes after completion of the project. 18. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (DS) 19. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by the Municipal Code and the project noise study.; (DS) Responsible Agencies: DS: Development Services Department B&S: Building and Safety Division Applicant Acceptance of Conditions of Approval: By: Signature By: Its: Applicant Name (print name) Title Date