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