PC Resolution-07-01-23-02PC RESOLUTION NO. 07-01-23-2
ARCHITECTURE CONTROL (AC) 96-04 MOD#1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A SIGN PROGRAM FOR AN
EXISTING SERVICE STATION FOR CONOCO PHILLIPS "76" GAS
STATION LOCATED AT 27164 ORTEGA HIGHWAY (ASSESSORS
PARCEL NUMBER 666-131-19)(RHL DESIGN GROUP).
Whereas, RHL Design Group requests approval of a Sign Program to replace
an existing building mounted sign and replace the sign copy on three (3) existing non
conforming pole signs. The property is General Plan designated as General Commercial
(GC) and is designated as General Commercial (GC) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development 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 issued a
Class 1 (Existing Facilities) Categorical Exemption; and,
Whereas, the Planning Commission conducted a duly noticed public meeting
on June 13, 2006 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project; and,
Whereas, the Planning Commission conducted a duly noticed public meeting
on January 23, 2007 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 with respect to
the Sign Program:
1. The building mounted signs are existing non -conforming under Section 9-3.543 of
the Municipal Code, because the Municipal Code states that within the GC District,
building mounted signs cannot exceed a maximum placement height of 25 feet on
the building and a maximum sign area of 18 square feet. The proposed sign is
located on the north elevation of the building and measures approximately 24
square feet and is internally illuminated. The sign dimensions and internal cabinet
lighting do not conform to the Sign Ordinance. The replacement sign cannot
exceed 18 square feet and internal lighting of the cabinet is to be removed per the
City's Municipal Code.
2. The pole mounted signs are existing non -conforming and are not consistent with the
sign provisions in Section 9-3.543 of the Municipal Code. The sign copies may be
modified per Section 9-3.533 (b), which states that "Continuation of nonconformities.
Except as otherwise permitted by the provisions of Chapters 1 through 5 of this title,
PC Resolution 07-01-23-2 2 January 23. 2007
nonconformities may be continuously maintained provided there is no alteration or
addition to any structure, nor any enlargement of area, space, or volume occupied
by such nonconformity".
Since only the sign is being repainted with the same sign copy, the structures
themselves are not being altered or enlarged the signs are in compliance with the
Municipal Code.
3. All pole mounted Gas price signs are to remain painted as existing and cabinets
may be repainted with a similar blue color to match existing.
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 contained in Exhibit "A" attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project action shall become
final and effective following expiration of the fifteen (15) day appeal period without filing of
an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, February 7th
2007.
PASSED, APPROVED AND ADOPTED this 23 rd day of January, 2007, by
the following vote, to wit:
AYES: Commissioners Neely, Ratcliffe, Drey, Chairman Cardoza and Vice -
Chairman Cohen
NOES: None
ABSTAIN: None
ABSENT: None
//Robert Car a, Chairman
William Cunningham, Interfm Planning Director,
Secretary
(P:\Planning\Projects\Ac Projects 1990-1999Wc9604mod#lconocophillips\Ac 96-04 Pc Reso 23jan07.Doc)
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 07-01-23-2
Exhibit A
CONDITIONS OF APPROVAL
AC 96-04 Mod#1
Conoco Phillips "76" Gas Station
January 23, 2007
February 7, 2007
January 23, 2009
These conditions of approval apply to Architecture Control (AC) 96-04 Mod#1 located at
the Conoco Phillips 76" Gas Station, an application to approve a Sign Program for the
site. Any proposed change of use or expansion of the area or modifications to the site
plan or structures 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 96-04 Modification#1 is granted to establish a revised Sign Program
for Conoco Phillips 76" Gas Station. The proposed project is located at
27164 Ortega Highway (APN 666-131-19). This approval is granted
based on the application materials prepared and submitted by RHL
Design Group including site plan, elevations, and lettering details. 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 site plan, and which do not intensify or change the number or
location of signs 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 date of the Planning Commission's approval and shall expire January
23, 2009, twenty-four (24) months after the effective date of the approval
unless the signs have been installed 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.
Planning Commission Resolution 07-01-23-2 Final Conditions of Approval
AC 96-04 Mod#1 January 23, 2007
Page 2 of 4
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.
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 use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
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
Planning Commission Resolution 07-01-23-2
AC 96-04 Mod#1
Final Conditions of Approval
January 23, 2007
Page 3 of 4
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.
10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery and/or recovery
of materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official. (PLN)
11. The applicant shall secure all applicable building permits for construction
of the proposed project as required by the Building Official. (B&S)
12. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
13. On -Going Condition. All landscape and signs shall be maintained by
owner in a good and safe condition. No signs shall be allowed on the site
except in accordance with the approved sign program or as otherwise
permitted by a Special Activities Permit. By accepting these conditions of
approval, the applicant indicates concurrence with this approved Sign
Program and City's Sign Ordinance Section 9-3.543.
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Planning Commission Resolution 07-01-23-2 Final Conditions of Approval
AC 96-04 Mod#1 January 23, 2007
Page 4 of 4
APPROVAL" DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
January 23, 2007
February 7, 2007
January 23, 2009
Applicant Acceptance of Conditions of Approval:
By: <;W-�-
Sandra Matth s, Conoco Phillips Date
P:\Planning\Archive\AC PROJECTS 1990-19991Ac9604Mod#1ConocoPhillipslAC 96-04 PC coa 23JanW.doc