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