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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 reEa 17'014,y lS� �-r /r A GMD,.!r Applicant Name Title