Loading...
PC Resolution-07-03-31-01PC RESOLUTION NO. 07-03-13-1 ARCHITECTURE CONTROL 07-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A TEMPORARY MASTER REAL ESTATE SIGN PROGRAM FOR TRACTS 15609 & 14196 IN PACIFICA SAN JUAN (SUNCAL) Whereas, Culbertson Adams and Associates requests on behalf of SunCal approval of a Temporary Master Real Estate Sign Program at Pacifica San Juan located along the east side of Interstate 5 at the terminus of Valle Road; 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 11 (Accessory Structures) Categorical Exemption; and, Whereas, the Planning Commission conducted a duly noticed public meeting on March 13, 2007 pursuant to Section 9-2.313 of the Municipal Code; and, Whereas, the Planning Commission conducted a duly noticed public meeting on February 13, 2007 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, Whereas, the Design Review Committee (DRC) conducted duly -noticed public meetings on December 7, 2006 on the proposed project and forwarded the project to the Planning Commission for consideration of the sign program; and, 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: The proposed sign program is consistent with the adopted Architectural Design Guidelines because the applicant proposes to construct a series of themed temporary real estate signs that are made of prefabricated aluminum frames painted old copper and are inset with a vinyl panel mounted on plywood that will include a logo and lettering. 2. The sign program is in conformance with the Land Use Code Section 9-3.543 because the signs are not internally or externally illuminated and will include landscaping at the base of the entry monument sign. 3. The proposed signs are temporary and shall be removed no later than March 13, 2009, unless an extension is granted by the Planning Director or by the Planning Commission. AC 07-02. Pacifica San Juan Sian Proaram 2 March 13. 2007 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; and, 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, March 28th, 2007. This approval shall expire two years subsequent to this date (March 13, 2009). PASSED, APPROVED AND ADOPTED this 13" day of March, 2007, by the following vote, to wit: AYES: Vice Chairman Cohen, Commissioners Drey, Ratcliffe NOES: None ABSTAIN: Chairman Cardoza ABSENT: Commissioner Neely Robert Caibi , Chairman Steven Apple, Plannin ct Secretary (P:\Planning\Projects\Ac Projects 2000-\Hc0702pacificasanjuan\Ac 07-02 Pc Reso 13march07.Doc) RESOLUTION #: 07-03-13-1 Exhibit A CONDITIONS OF APPROVAL Project #: AC 07-02 Project Name: Pacifica San Juan Temporary Real Estate Sign Program APPROVAL DATE: March 13, 2007 EFFECTIVE DATE: March 28, 2007 EXPIRATION DATE: March 13, 2009 These conditions of approval apply to Architecture Control (AC) 07-02, to approve a Temporary Real Estate Sign Program for Pacifica San Juan. Any proposed changes to the sign program or modifications to the site plan 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: 1. AC 07-02 is granted to establish a Sign Program for Pacifica San Juan, Suncal Development. The proposed project area is located along the east side of Interstate 5 at the terminus of Valle Road. This approval is granted based on the application materials and sign program submitted by Culbertson Adams & Associates on January 17, 2007. The sign program is 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 use or require any deviations from adopted standards, may be approved by the Planning Director or the Planning Commission upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the date of the Planning Commissions approval and shall expire March 13, 2009 (24) months after the effective date of the approval unless 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 07-03-13-1 Final Conditions of Approval AC 07-02 March 13, 2007 Page 2 of 3 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 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. Planning Commission Resolution 07-03-13-1 Final Conditions of Approval AC 07-02 March 13, 2007 Page 3 of 3 10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply with 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. Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 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. The project shall be constructed per the Planning Commission's approved architectural sign program.. Any variations shall be submitted to the Planning Department for review and approval. (PLN) 13. 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) 14. 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 PLN = Planning Department Applicant Acceptance of Conditions of Approval: By: , Bruce Cook, SJD Partners, LTD. Date