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PC Resolution-07-06-26-02PC RESOLUTION NO. 07-06-26-2 ARCHITECTURE CONTROL (AC) 87-02 MOD#1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A SIGN PROGRAM, COLOR PALETTE CHANGE AND CANOPY MODIFICATION FOR AN EXISTING SERVICE STATION FOR CHEVRON GAS STATION LOCATED AT 27112 ORTEGA HIGHWAY (ASSESSORS PARCEL NUMBER 666-131- 03)(RHL DESIGN GROUP). Whereas, RHL Design Group requests approval of a sign program to replace an existing building/canopy mounted signs and replace the sign copy on one (1) existing non conforming pole sign and one (1) monument sign, and color palette change and canopy modification. 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, on April 5, 2007, the Design Review Committee reviewed the proposed modifications and requested several revisions to the project and continued consideration; and, Whereas, on May 17, 2007, the Design Review Committee reviewed the proposed modifications and requested revisions to the project and recommended the project to the Planning Commission for review and final action; and, Whereas, on June 26, 2007 the Planning Commission conducted a duly noticed public meeting pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, . NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: The pole mounted sign is existing non -conforming and is explicitly prohibited under the City's Design Guidelines and is not consistent with the sign provisions in Section 9-3.543 of the Municipal Code, however the pole sign is in compliance with the Municipal Code because 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, 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". PC Resolution 07-06-26-2 2 June 26, 2007 Since the pole sign is only being refaced with the same size sign copy and the structure is not being altered or enlarged, therefore the sign is in compliance with the Municipal Code; and is therefore approved. 2. The sign program is in substantial compliance with Section 9-3.543 and Section 9- 3.541 of the Municipal Code, because it states that within the GC District, building - mounted signs cannot exceed a maximum height/length of 25 feet on the building and a maximum sign area of 18 square feet; and the sign is consistent with the Municipal Code because the "Chevron" word -mark has a total of 16 square feet and is internally illuminated which is consistent with Section 9-3.543 and Section 9- 3.541; and is therefore approved. 3. The canopy design and lighting is not consistent with the Architectural Design Guidelines (Section VI, Special Consideration Uses/Service Stations) because "Corporate prototype building architecture and site arrangements are strongly discouraged", and because the blue color is in conflict with the overall color palette for the project; and is therefore denied. 4. The "Chevron" Logos are not consistent with the Architectural Design Guidelines (Section VI, Special Consideration Uses/Service Stations) because "Corporate prototype building architecture and site arrangements are strongly discouraged"; and is therefore denied. 5. The justification for the removal of the canopy spanners is consistent with the Architectural Design Guidelines; and the removal is therefore approved. 6. The architectural elevations are to include building and canopy colors that should uniform "dark" color tones that compliment the overall project theme and eliminate the silver/metallic color; and is therefore denied. 7. The convenience store and restroom building are to include building colors that should be uniform "dark" color tones that compliment the overall project theme and eliminate the painting over the tile wainscoting; and is therefore denied. 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, July, 1t", 2007. PC Resolution 06-06-26-2 3 June 26, 2007 PASSED, APPROVED AND ADOPTED this 26th day of June, 2007, by the following vote, to wit: AYES: Chairman Cardoza, Commissioners Cohen, Ratcliffe NOES: None ABSTAIN: None ABSENT: Commissioner Neely F'!J /�Robert C oza, Chairman r Steven Apple, Planni D' ctor, Secretary (P:\Planning\Projects\Ac Projects 1961-1989Wc8702mod#lchevronWc 87-02 Pc Reso 26june07 Revised. Doc) RESOLUTION #: 07-06-26-2 Exhibit A CONDITIONS OF APPROVAL Project #: AC 87-02 Mod#1 Project Name: Chevron Gas Station APPROVAL DATE: June 26, 2007 EFFECTIVE DATE: July 11, 2007 EXPIRATION DATE: June 26, 2009 These conditions of approval apply to Architecture Control (AC) 87-02 Mod#1 located at the Chevron Gas Station, an application to approve a sign program to replace an existing building/canopy mounted signs and replace the sign copy on one (1) existing non conforming pole sign and one (1) monument sign, and color palette change and canopy modification. 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: 1. AC 87-02 Mod#1 is granted to establish a sign program to replace an existing building/canopy mounted signs and replace the sign copy on one (1) existing non conforming pole sign and one (1) monument sign, and color palette change and canopy modification. The proposed project is located at 27112 Ortega Highway (APN 666-131-03). This approval is granted based on the application materials prepared and submitted by RHL Design Group including site plan, elevations, and lettering details (dated April 20, 2007). 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 June 26, 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 Planning Commission Resolution 07-06-26-2 Final Conditions of Approval AC 87-02 Mod#1 June 26, 2007 Page 2 of 4 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. 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, Planning Commission Resolution 07-06-26-2 Final Conditions of Approval AC 87-02 Mod#1 June 26, 2007 Page 3 of 4 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. 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. Color Palette &Signage. Prior to the issuance of any building permit for the canopy, the applicant shall submit a revised color palette for the entire project to the Planning Department for review and approval by the City's Design Review Committee (DRC). 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 Planning Commission Resolution 07-06-26-2 Final Conditions of Approval AC 87-02 Mod#1 June 26, 2007 Page 3 of 4 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. 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. Color Palette & Signage. Prior to the issuance of any building permit for the canopy, the applicant shall submit a revised color palette for the entire project to the Planning Department for review and approval by the City's Design Review Committee (DRC). 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 Planning Commission Resolution 07-06-26-2 Final Conditions of Approval AC 87-02 Mod#1 June 26, 2007 Page 4 of 4 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 APPROVAL DATE: June 26,2007 EFFECTIVE DATE: July 11, 2007 EXPIRATION DATE: June 26, 2009 Applicant Acceptance of Conditions of Approval: By: Brian Merfeld, RHL Design Date PAPlanning\Projects\AC PROJECTS 1961-1989\Ac8702Mod#1Chevron\AC 87-02 PC coa 26June07.doc