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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