PC Resolution-09-07-28-05PC RESOLUTION NO. 09-07-28-05
EL ADOBE PLAZA MONUMENT SIGN (SP 09-012)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING TWO (2) MONUMENT SIGNS.
THE SIGNS ARE SAND BLASTED WOOD SIGNS 6'-0" TALL AND 10'-0"
WIDE AT 31901 CAMINO CAPISTRANO (APN 121-150-23).
WHEREAS, Lester & Fisher Co. is proposing to eliminate the existing two (2)
monument signs and install two (2) new monument signs. The proposed signs are 6'-0"
high and 10'-0" wide, double -sided, and externally illuminated with approximate copy
square footage of 26 square feet per side. This includes the tenant nameplates and the "EI
Adobe Plaza" identification. The project is located at 31901 Camino Capistrano (APN 121-
150-23). 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 duly noticed public
meeting on July 28, 2009 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:
1. The proposed signage is consistent with the Architectural Design Guidelines; and,
2. The proposed signage is consistent with the Land Use Code; and,
3. The proposed signage is in substantial compliance with the Design Review
Committee's Recommendations.
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.
PC Resolution 09-07-28-05 2 July 28, 2009
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, August 12,
2009. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, unless a time extension request or building/grading permit
application related to this discretionary approval is submitted to the City prior to that date.
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 28th day of July, by the following
vote, to wit:
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Kerr, Mocalis,
Williams, and Neely.
NOES:
ABSTAIN:
ABSENT: Commissioner Tatarian
Sheldon Cohen, Chairman
Grant Taylor, Seelletary
These conditions of approval apply to Sign Permit (SP) 09-012, a request for approval
of preliminary design plans for two proposed monument signs on a 2.74 acre parcel
located at 31901 Camino Capistrano, generally located at the northwest corner of
Camino Capistrano and Del Obispo Street (APN 121-150-23). Any proposed change of
use or expansion of the area or modifications to. the site plan or signage 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:
(SP) 09-012 approval is granted to modify the existing signage. The
project is located at 31901 Camino Capistrano (APN 121-150-23). This
approval is granted based on the application materials submitted by
Lester & Fisher Co. 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 Community Development 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 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 (15th) day
after the date of the Planning Commission's approval and shall expire July
28, 2011 (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 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. Prior to issuance of Building permits, the applicant shall submit a detailed
landscape plan showing the number of plants, their specific locations, and
the size of each plant This plan shall be to the satisfaction of the
RESOLUTION #: 09-07-28-05
Exhibit A
CONDITIONS OF APPROVAL
Project #: SP09-012
Project Name: EI Adobe Plaza
APPROVAL DATE:
July 28, 2009
EFFECTIVE DATE:
August 12, 2009
EXPIRATION DATE:
July 28, 2011
These conditions of approval apply to Sign Permit (SP) 09-012, a request for approval
of preliminary design plans for two proposed monument signs on a 2.74 acre parcel
located at 31901 Camino Capistrano, generally located at the northwest corner of
Camino Capistrano and Del Obispo Street (APN 121-150-23). Any proposed change of
use or expansion of the area or modifications to. the site plan or signage 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:
(SP) 09-012 approval is granted to modify the existing signage. The
project is located at 31901 Camino Capistrano (APN 121-150-23). This
approval is granted based on the application materials submitted by
Lester & Fisher Co. 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 Community Development 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 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 (15th) day
after the date of the Planning Commission's approval and shall expire July
28, 2011 (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 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. Prior to issuance of Building permits, the applicant shall submit a detailed
landscape plan showing the number of plants, their specific locations, and
the size of each plant This plan shall be to the satisfaction of the
Planning Commission Resolution 09-07-28-05 Final Conditions of Approval
SP 09-012 Date: July 28, 2009
Page 2 of 4
Community Development Director and consistent with the
recommendations of the DRC and the Planning Commission.
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.
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.
Planning Commission Resolution 09-07-28-05 Final Conditions of Approval
SP 09-012 Date: July 28, 2009
Page 3 of 4
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:
10. Building 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 Planning
Commission and Design Review Committee in the following manner:
(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 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, landscape/irrigation plans,
and sign elevations. (PLN)
The following ongoing conditions shall be complied with at all times after
completion of the project.
Site Maintenance. The applicant 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
landscaping directly in front of the sign copy does not impair the visibility
of the sign. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Planning Commission Resolution 09-07-28-05
SP 09-012
Date of Approval: July 28, 2009
Resolution No.: 09-07-28-05
Effective Date: August 12, 2009
Applicant Acceptance of Conditions of Approval:
By: cffza�z, 5R�
Applicant Signature
#Lichael Z,,,2 11,) v
Applicant Name
Final Conditions of Approval
Date: July 28, 2009
Page 4 of 4
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