PC Resolution-09-09-08-02PC RESOLUTION NO. 09-09-08-02
CHEVRON SIGN PROGRAM (AC) 09-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING THE DEMOLITION OF TWO
EXISTING MONUMENT SIGNS AND REMOVAL OF EXISTING PUMP
ISLAND SPANNNERS, AND THE INSTALLATION OF TWO NEW
MONUMENT SIGNS AND NEW INTERNALLY ILLUMINATED PUMP
ISLAND SIGNS, LOCATED AT 32001 CAMINO CAPISTRANO (APN 668-
073-01).
WHEREAS, Greg Hohn of West Wind Consulting, proposed to eliminate the
existing two (2) monument signs and install two (2) new monument signs. The proposed
signs are 6'-6" high and will use the existing ground mounted external illumination. They
include fuel prices and project identification. The existing spanners on the fuel pump
islands are proposed to be eliminated and new spanners at each pump station are
proposed. The spanners are proposed to be internally illuminated. The proposed project
site is General Plan designated as General. Commercial and classified as General
Commercial (GC) on the Official Zoning Map; and,
WHEREAS, Gerald E. Buck is the owner of real property located at
32001 Camino Capistrano (APN 668-073-01); and
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.313, Architectural Control Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15301 of the California Environmental Quality Act (CEQA), and has
determined that the project qualifies for a Class 1 (Existing Facilities) 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 Design Review. Committee reviewed the project at the May
21 and June 18, 2009 meetings and recommended approval of the project subject to
Planning Commission review of the proposed materials and landscaping; and,
WHEREAS, the Planning Commission conducted a duly noticed public
meeting on August 11, 2009 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
PC Resolution 09-09-08-02 2 September 8, 2009
WHEREAS, the Planning Commission conducted a duly noticed public
meeting on September 8, 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 project is consistent with all applicable provisions of Title 9 of the San
Juan Capistrano Municipal Code. Specifically reviewed visibility requirements,
consistency with the Architectural Design Guidelines, and exterior illumination
levels. Because the proposed project meets all development standards and all
applicable supplemental district standards it is found to comply with all provisions of
Title 9 of the San Juan Capistrano Municipal Code.
2. The proposed facility is consistent with the General Plan as it does not use open
space areas for development and is infill development. Because the proposed
project does not create any new undue visual impacts it is found to be consistent
with the General Plan.
3. The site plan is functional and safe in regards to existing conditions because the
site contains defined pedestrian access and does not create any visibility hazards.
The proposed project does not create any adverse impacts on General Plan
identified bicycle and pedestrian trails. Because the site provides adequate
vehicular, bicycle and pedestrian access and does not create any adverse impacts
on identified trails it is found to be consistent with this finding.
4. The proposed project does not excessively intensify the use to such an extent as to
reduce the compatibility of the use with surrounding existing and proposed land
uses. Therefore, due to the project not generating significant adverse impacts to the
surrounding community, it is found to be consistent with the surrounding community.
5. The proposed structure is consistent with the Architectural Design Guidelines
because the monument signs are architecturally integrated with the principal
structure, while not attracting unneeded attention and does not create a hazard for
vehicular circulation or pedestrians.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve 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, September
PC Resolution 09-09-08-02 3 September 8, 2009
23, 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.
PASSED, APPROVED AND ADOPTED this 11 th day of August, 2009, by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Neely, Mocalis, Williams, and Kerr
NOES:
ABSTAIN:
ABSENT: Vice -Chair Ratcliffe and Commissioner Tatarian
Sheldon Cohen, Chairman
Grant Taylor, ecretary
These conditions of approval apply to Architectural Control (AC) 09-010, approval of two
(2) new monument signs. The proposed signs are 6'-0" high and will use the existing
ground mounted external illumination. They include fuel prices and project identification..
The approval also includes elimination of the existing pump island spanners and
installation of smaller, internally illuminated spanners. The project is located at 32001
Camino Capistrano (APN 668-073-01). Any proposed change of use or expansion of
the area or modifications to the site plan or recycling center shall be submitted to the
City Community Development 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. (AC) 09-010 approval is granted to install two new monument signs 6'-6"
in overall height and 3'-T' wide at 32001 Camino Capistrano (APN 668-
073-01). This approval is granted based on the application materials
submitted by Greg Hohn of West Wind Consulting. 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 plan, and which do not increase the size, or otherwise
intensify or change the 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 September 8, 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.
RESOLUTION #: 09-09-08-02
Exhibit A
CONDITIONS OF APPROVAL
Project #: AC 09-010
Project Name: Chevron Sign Program
APPROVAL DATE:
September 8, 2009
EFFECTIVE DATE:
September 23, 2009
EXPIRATION DATE:
September 8, 2011
These conditions of approval apply to Architectural Control (AC) 09-010, approval of two
(2) new monument signs. The proposed signs are 6'-0" high and will use the existing
ground mounted external illumination. They include fuel prices and project identification..
The approval also includes elimination of the existing pump island spanners and
installation of smaller, internally illuminated spanners. The project is located at 32001
Camino Capistrano (APN 668-073-01). Any proposed change of use or expansion of
the area or modifications to the site plan or recycling center shall be submitted to the
City Community Development 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. (AC) 09-010 approval is granted to install two new monument signs 6'-6"
in overall height and 3'-T' wide at 32001 Camino Capistrano (APN 668-
073-01). This approval is granted based on the application materials
submitted by Greg Hohn of West Wind Consulting. 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 plan, and which do not increase the size, or otherwise
intensify or change the 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 September 8, 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.
Planning Commission Resolution 09-09-08-02 Final Conditions of Approval
AC 09-010 Chevron Sign Program Date: September 8, 2009
Page 2 of 4
2. The applicant shall submit plans for final approval by the Community
Development Director. The applicant shall provide a landscape plan for
the Camino Capistrano frontage and the planter located on the southwest
corner of Del Obispo and Camino Capistrano, demonstrating consistency
with the approved plan for the CIP 111 landscape improvements on the
Del Obispo frontage. The plans shall also show revised monument sign
elevations showing brickwork reduced by (4) four courses in overall height
and an additional (4) four courses to create a "step" or "notch" design.
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 09-09-08-02 Final Conditions of Approval
AC 09-010 Chevron Sign Program Date: September 8, 2009
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 conditions shall be completed prior to or in conjunction with the
issuance of building permits:
10. Building Permit. Prior to installation, the applicant shall submit plans to the
Building Official for determination of permit requirement. Such plans shall
be fully dimensioned, in substantial conformance with those plans
approved and modified by the Planning Commission and Design Review
Committee: (PLN)
11. Applicable Codes. Prior to issuance of building permits (if required by the
Building Official), 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)
12. 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)
Responsible Agencies: B&S Building and Safety
ENG = Engineering
PLN = Planning
Date of Approval: September 8, 2009
Resolution No.: 09-09-08-02
Effective Date: September 23, 2009
Planning Commission Resolution 09-09-08-02 Final Conditions of Approval
AC 09-010 Chevron Sign Program Date: September 8, 2009
Page 4 of 4
Applicant Acceptance of Conditions of Approval:
By:
Applicant Signature Date
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Applicant Name Title