PC Resolution-08-09-09-02PC RESOLUTION NO. 08-09-09-02
BANK OF AMERICA SIGN PROGRAM MODIFICATION (AC) 08-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A MODIFICATION TO AN
EXISTING SIGN PROGRAM TO ADD HALO ILLUMINATION TO EXISTING
SIGNS ON THE NORTH AND EAST ELEVATIONS AND REMOVE A SIGN
ON THE SOUTH ELEVATION AT 31902 DEL OBISPO STREET (APN 668-
072-26).
WHEREAS, Jenny Hodges is proposing a modification to the existing sign
program to include white halo illumination. The existing sign area will not increase, and the
sign on the south elevation would be removed. The existing building is located at 31.902
Del Obispo Street. (APN 668-072-26)The proposed project site is General Plan designated
as Quasi -industrial and classified as Commercial Manufacturing (CM) 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 22, 2008 and September 9, 2008 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.
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.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
PC Resolution 08-09-09-02 2 September 9, 2008
an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday, September
24, 2008. 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 9th day of September, by the
following vote, to wit:
AYES: Vice Chairperson Ratcliffe, Comissioners Neely, Cardoza, Kerr
NOES:
ABSTAIN:
ABSENT: Chairman Cohen
Gene Ratcliffe,'C1(ice Chair
A2 i:�"
Grant Taylor, <Zcretary
Project #: AC 08-007
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 08-09-09-02
Exhibit A
CONDITIONS OF APPROVAL
Project Name: Bank of America Sign Program
September 9, 2008
September 24, 2008
September 9, 2010
These conditions. of approval apply to Sign Permit (AC) 08-007, a modification to a sign
program for the Bank of America Building, 31902 DelObispo Street (APN 668-072-26).
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:
(AC) 08-007 approval is granted to modify the building -mounted channel
letter signs on the existing building. The sign is located at 31902 Del
Obispo. (APN 668-072-26). This approval is granted based on the
application materials submitted by Jenny Hodges, including the
elevations. 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 Planning 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 Planning
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 9, 2010 (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
Planning 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 Planning Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. 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.
Planning Commission Resolution 08-09-09-02 Final Conditions of Approval
AC 08-007 Date: September 9, 2008
Page 2 of 4
4.. 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.
5. 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.
6. 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.
7. 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.
8. 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:
9. 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
Planning Commission Resolution 08-09-09-02 Final Conditions of Approval
AC 08-007 Date: September 9, 2008
Page 3 of 4
conformance with those plans approved and modified by the Planning
Commission and Design Review Committee in the following manner:
(PLN)
10. 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)
11. 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)
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)
The following ongoing conditions shall be complied with at all times after
completion of the project.
13. 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 Department
PLN = Planning Department
Date of Approval: September 9, 2008
Resolution No.: 08-09-09-02
Effective Date: September 24, 2008
Planning Commission Resolution 08-09-09-02 Final Conditions of Approval
AC 08-007 Date: September 9, 2008
Page 4 of 4
Applicant Acceptance of Conditions of Approval:
By: �' g
licant Signature Date . -
e Vi ill O -� 1 _ " a&,
f, S `
Applicant Name Title