PC REsolution-10-11-09-02PC RESOLUTION NO. 10-11-09-02
CENTER FOR SPIRITUAL LIVING PROTABLE SIGN (SP 10-021)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A PORTABLE SIGN LOCATED AT
32261 CAMINO CAPISTRANO, (APN 668-091-03).
WHEREAS, Reverend Dr. Heather Dawn Clark has proposed a resin, two-
sided, hinged A -frame sign, 2'-0" wide by 2'-8" tall. The project is located at 32261 Camino
Capistrano, Suite D-105 (APN 668-091-03). The proposed project site is General Plan
designated as General Commercial and classified as General Commercial (GC) on the
Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.343, Sign Permit 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 has
determined that the project qualifies for a Class 11(a) Categorical Exemption and caused a
Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a public meeting on
November 9, 2010 to review 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:
1. The proposed sign is consistent with the design criteria of Section 9-3.543, Signs,
the Community Design Element, and the Design Guidelines.
2. The proposed sign conforms to all numerical size, height, and other requirements of
Section 9-3.543, Signs, and to any approved sign program adopted for the development
project in which the sign is to be located.
3. The sign will not be detrimental to the public health, safety, or welfare; will not have
adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal
signs, be compatible with surrounding areas and be consistent with the City's adopted
Architectural Design Guidelines.
4. The sign is appropriate within the context of the project and compatible with the
surrounding area.
5. The approval of this portable sign is based on the fact the sign will be displayed only
during regular church services and events and will not be displayed during office hours.
PC Resolution 10-11=09-02 2 November 9, 2010
The temporary nature of the sign display meets the purpose and intent of Section 9-3.543
for the regulation of portable signs.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to the
conditions of approval established by 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 5:00 p.m; Wednesday, November
24, 2010. Failure to comply with the conditions of this permit constitutes a violation of
Section 9-2.349 of the San Juan Capistrano Municipal Code.
PASSED, APPROVED AND ADOPTED this 9th day of November, by the
following vote, to wit:
AYES: Vice -chair Ratcliffe, Commissioners Kerr, Mocalis, and Neely.
NOES: Chairman Cohen, Commissioners Williams and Tatarian
ABSTAIN:
ABSENT:
�L
Sheldon Cohen, Chairman
William A. Ramsey, AICP
Secretary
These conditions of approval apply to Sign Permit (SP) 10-021, a request for approval
of a resin, two-sided, hinged A -frame sign, 2'-0" wide by 2'-8" tall. located at 32261
Camino Capistrano, generally located generally located on the west side of Camino
Capistrano, approximately 1000 feet south of Del Obispo Street (APN 668-091-03). Any
proposed change of use or expansion of the area or modifications to the site plan or
signage 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 successor(s) in interest to
the terms of this approval.
General Conditions:
1. (SP) 10-021 approval is granted to display a portable sign. The project is
located at 32261 Camino Capistrano (APN 668-091-03). This approval is
granted based on the application materials submitted by Reverend Dr.
Heather Dawn Clark. These plans 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 Development Services Director to
be in substantial conformance with the approved sign plan, and which do
not increase the size, add illumination, or otherwise intensify or change
the sign use or require any deviations from adopted standards, may be
approved by the Development Services 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 (15t) day
after the date of the Planning Commission's approval and shall expire
November 24, 2012 (24) months after the effective date of the approval
unless the sign 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 Development Services 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 Development
Services Director.
RESOLUTION #: 10-11-09-02
Exhibit A
CONDITIONS OF APPROVAL
Project #: SP09-012
Project Name: Center for Spiritual Living
APPROVAL DATE:
November 9, 2010
EFFECTIVE DATE:
November 24, 2010
EXPIRATION DATE:
November 24, 2012
These conditions of approval apply to Sign Permit (SP) 10-021, a request for approval
of a resin, two-sided, hinged A -frame sign, 2'-0" wide by 2'-8" tall. located at 32261
Camino Capistrano, generally located generally located on the west side of Camino
Capistrano, approximately 1000 feet south of Del Obispo Street (APN 668-091-03). Any
proposed change of use or expansion of the area or modifications to the site plan or
signage 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 successor(s) in interest to
the terms of this approval.
General Conditions:
1. (SP) 10-021 approval is granted to display a portable sign. The project is
located at 32261 Camino Capistrano (APN 668-091-03). This approval is
granted based on the application materials submitted by Reverend Dr.
Heather Dawn Clark. These plans 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 Development Services Director to
be in substantial conformance with the approved sign plan, and which do
not increase the size, add illumination, or otherwise intensify or change
the sign use or require any deviations from adopted standards, may be
approved by the Development Services 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 (15t) day
after the date of the Planning Commission's approval and shall expire
November 24, 2012 (24) months after the effective date of the approval
unless the sign 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 Development Services 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 Development
Services Director.
Planning Commission Resolution 10-11-09-02 Final Conditions of Approval
SP 10-021 Date: November 9, 2010
Page 2 of 4
2. The sign shall be displayed during regular church services and events
only. The sign shall not be displayed during office hours of the church.
Upon the end of the service or events, the church staff shall store the sign
wholly within their tenant suite. The sign shall be located only on the
subject property and shall not impede vehicular or pedestrian traffic. The
church shall be responsible to maintain the sign in good repair.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
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.
Planning Commission Resolution 10-11-09-02 Final Conditions of Approval
SP 10-021 Date: November 9, 2010
Page 3 of 4
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 ongoing conditions shall be complied with at all times after
completion of the project.
10. Site Maintenance. The applicant and/or property owner shall maintain all
portions of the site, including undeveloped areas, pursuant to Municipal
Code requirements for property maintenance. The site maintenance
should ensure that the sign does not interfere with any landscape
maintenance. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Planning Commission Resolution 10-11-09-02 Final Conditions of Approval
SP 10-021 Date: November 9, 2010
Page 4 of 4
Date of Approval: November 9, 2010
Resolution No.: 10-11-09-02
Effective Date: November 24, 2010
Applicant Acceptance of Conditions of Approval-
Applicant Signature Date
Applicant Name Title