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PC Resolution-09-11-10-01PC RESOLUTION NO. 09-11-10-01 CHEVRON MONUMENT SIGN (SP) 09-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A PROPOSAL FOR A MONUMENT SIGN FOR THE EXISTING CHEVRON FUELING STATION LOCATED AT 26988 ORTEGA HIGHWAY (APN 668-241-03). WHEREAS, Mike Sentell proposed a metal framed monument price sign for an existing Chevron station located at 26988 Ortega Highway (APN 668-241-03). The proposed project site is General Plan designated as General Commercial and classified as General Commercial (GC) on the Official Zoning Map; and, WHEREAS, Chevron USA, Inc. is the owner of real property located at 26988 Ortega Highway; 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 15042 of the California Environmental Quality Act (CEQA), and has determined that the qualifies for a categorical exemption pursuant to Section 15301 (Existing Facilities); and, WHEREAS, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15042 of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission conducted a duly noticed public meeting on September 22, 2009, and November 10, 2009, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, WHEREAS, the DRC has reviewed the sign program and recommended revisions to the landscaping. 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 because the applicant has incorporated a slump stone base to match the existing corner monument sign and has proposed landscaping in the adjacent planter; and, 2. The proposed signage is in compliance with the Design Review Committee's Recommendations as follows: a. The applicant has eliminated the `coffee berry' and `star jasmine' to simplify the palette and arrangement; PC Resolution 09-11-10-01 2 November 10, 2009 b. `Trailing lantana' has been proposed throughout the planter; c. The sign thickness has been increased. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve the proposed project, subject to the conditions of approval included herein as "Exhibit A." PASSED, APPROVED AND ADOPTED this 10t' day of November, 2009 by the following vote, to wit: AYES: Chairman Cohen, Commissioners Kerr, Tatarian, Mocalis, and Neely NOES: Commissioner Williams ABSTAIN: ABSENT: Commissioner Ratcliffe -<(, Q Sheldon Cohen, hairman Grant Taylor, cretary These conditions of approval apply to Sign Permit (SP) 09-028, a request for approval of preliminary design plans for a proposed monument sign on located at 26988 Ortega Highway, generally located on the Del Obispo street frontage (APN 668-241-03). Any proposed change of use or expansion of the area or modifications to the site plan or signage shall be submitted to the City 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: (SP) 09-028 approval is granted to construct a new monument sign. The project is located at 26988 Ortega Highway, generally located on the Del Obispo street frontage (APN 668-241-03). This approval is granted based on the application materials submitted by Mike Sentell. 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 November 10, 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. The applicant shall remove the existing illegal monument sign immediately following this approval. RESOLUTION #: 09-11-10-01 Exhibit A CONDITIONS OF APPROVAL Project #: SP09-012 Project Name: Chevron Monument Sign APPROVAL DATE: November 10, 2009 EFFECTIVE DATE: November 25, 2009 EXPIRATION DATE: November 10, 2011 These conditions of approval apply to Sign Permit (SP) 09-028, a request for approval of preliminary design plans for a proposed monument sign on located at 26988 Ortega Highway, generally located on the Del Obispo street frontage (APN 668-241-03). Any proposed change of use or expansion of the area or modifications to the site plan or signage shall be submitted to the City 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: (SP) 09-028 approval is granted to construct a new monument sign. The project is located at 26988 Ortega Highway, generally located on the Del Obispo street frontage (APN 668-241-03). This approval is granted based on the application materials submitted by Mike Sentell. 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 November 10, 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. The applicant shall remove the existing illegal monument sign immediately following this approval. Planning Commission Resolution 09-11-10-01 Final Conditions of Approval SP 09-028 Date: November 10, 2009 Page 2 of 4 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. 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to Planning Commission Resolution 09-11-10-01 Final Conditions of Approval SP 09-028 Date: November 10, 2009 Page 3 of 4 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. 14. 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 09-11-10-01 SP 09-028 Date of Approval: November 10, 2009 Resolution No.: 09-11-10-01 Effective Date: November 25, 2009 Applicanj acceptance of Conditions of Approval: Final Conditions of Approval Date: November 10, 2009 Page 4 of 4 . By: f `T`. // ?O App nt Si, at ire Date Applicant Name Title