PC Resolution-07-11-27-01PC RESOLUTION NO. 07-11-27-01
RANCHO ALIPAZ
SIGN PERMIT (SP) 07-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A SIGN PERMIT FOR TWO (2)
FIFTEEN (15) SQUARE FOOT SINGLE SIDED PERMANENT
SUBDIVISION SIGNS, WITH AN AGREGATE SIGN COPY AREA OF TWO
AND THREE QUARTER (2.75) SQUARE FEET TO BE LOCATED ON AN
EXISTING WALL LOCATED AT 32371ALIPAZ St AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 121-182-26
(RANCHO ALIPAZ).
WHEREAS, Leonard Urquiza on behalf of the Rancho Alipaz community
requests approval of a sign permit application for the construction of two (2) permanent
subdivision signs and implementation of a modified landscaped area to be located at
32371 Alipaz Street (Assessor Parcel Number 121-182-26). The proposed project site is
General Plan designated as Medium High Density residential (3.5-8 du/ac) and classified
as Mobile Home Park (MHP)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 November 27, 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:
1. The proposed monument sign is consistent with the policies and objectives of the
San Juan Capistrano General Plan, specifically, the Community Design Element,
because this element stresses the need for "sign controls" in the general
community, and the proposed signs conform to the standards of the Municipal Code
which establish uniformity and control over the design of signs for commercial retail
businesses; and,
PC Resolution 07-11-27-01 2 November 27, 2007
The proposed monument sign is consistent with the design criteria of Section 9-
3.543 Signs; and,
3. The proposed monument sign conforms to all numerical size, height, and other
requirements of Section 9-3.543 of the Land Use Code subject to the conditions of
approval contained in this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those 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
an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday, December
12, 2007. 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 27th day of November, by the
following vote, to wit:
AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners Ratcliffe,
Neely and Kerr.
NOES:
ABSENT:
/ (O
Rober4doza, Chairman
Grant Taylor, Sec6fary
These conditions of approval apply to Sign Permit (SP) 07-03, a Sign Permit application
to construct two (2) fifteen (15) square feet single sided permanent subdivision signs,
with an aggregate sign area of (2.75) square feet to be located on an existing wall
located at 32371ALIPAZ St, within the Mobile Home Park (MHP) zone district; and the
associated planter area and landscape plan. Any proposed change of use or expansion
of the area or modifications to the site plan or monument sign 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. SP 07-03 is granted to construct two (2) eighteen (15) square feet single
sided permanent subdivision signs, with an aggregate sign area of (3)
square feet to be located on an 3'-6" tall existing wall, and the
implementation of a modified landscape palette on property located at
located at 32371ALIPAZ St. (Assessor Parcel Number 121-182-26). This
approval is granted based on the application materials submitted by
Leonard Urquiza, including site plan, elevations, and landscape plan.
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 November 27, 2009 (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.
RESOLUTION #: 07-11-27-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: SP 07-03
Project Name: Rancho Alipaz
APPROVAL DATE:
November 27, 2007
EFFECTIVE DATE:
December 12, 2007
EXPIRATION DATE:
November 27, 2009
These conditions of approval apply to Sign Permit (SP) 07-03, a Sign Permit application
to construct two (2) fifteen (15) square feet single sided permanent subdivision signs,
with an aggregate sign area of (2.75) square feet to be located on an existing wall
located at 32371ALIPAZ St, within the Mobile Home Park (MHP) zone district; and the
associated planter area and landscape plan. Any proposed change of use or expansion
of the area or modifications to the site plan or monument sign 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. SP 07-03 is granted to construct two (2) eighteen (15) square feet single
sided permanent subdivision signs, with an aggregate sign area of (3)
square feet to be located on an 3'-6" tall existing wall, and the
implementation of a modified landscape palette on property located at
located at 32371ALIPAZ St. (Assessor Parcel Number 121-182-26). This
approval is granted based on the application materials submitted by
Leonard Urquiza, including site plan, elevations, and landscape plan.
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 November 27, 2009 (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.
Planning Commission Resolution 07-11-27-01 Final Conditions of Approval
SP 07-03 Date: November 27, 2007
Page 2 of 5
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 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 of approval shall be met prior to issuance of grading
permits for the project.
Planning Commission Resolution 07-11-27-01 Final Conditions of Approval
SP 07-03 Date: November 27, 2007
Page 3 of 5
9. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
10._ Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final sign and landscaping construction plans to the
Building and Safety Department for review and approval by all applicable
departments. Such plans shall be fully dimensioned, in substantial
conformance with those plans approved and modified by the Planning
Commission and Design Review Committee in the following manner:
(PLN)
11. 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)
12._ 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)
13. _ Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for
review. Prior to the final inspection of the
14. Final Landscape Plans shall show the following information and requirements:
(PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and
drought resistant plants.
b. Landscaping should include ground cover material directly adjacent to
the sign which does not impair the visibility of the sign copy, and
additional planting that compliments the groundcover.
Planning Commission Resolution 07-11-27-01 Final Conditions of Approval
SP 07-03 Date: November 27, 2007
Page 4 of 5
c. Location, height, materials and colors of all proposed and existing
walls and fences.
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, as specified below:
15. _ Curb and Gutter Repair. Prior to acceptance of improvements and release
of performance securities, any existing sections of curb and gutter
damaged during construction may require to be repaired or replaced by
the applicant, depending on the condition of these improvements prior to
and after construction. (ENG)
16. _ Installation of Landscaping. Prior to approval of final inspection the
developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that
the landscape materials and irrigation system (tested for full coverage)
have been planted and installed in compliance with the approved
landscape plans and to the satisfaction of the Planning Department. (PLN)
17. 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)
18. _ 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. (PLN)
The following ongoing conditions shall be complied with at all times after
completion of the project.
19. 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
Planning Commission Resolution 07-11-27-01
SP 07-03
Date of Approval: November 27, 2007
Resolution No.: 07-11-27-01
Effective Date: December 12, 2007
Applicant Acceptance of Conditions of Approval:
By: OC -
Applicant Sionature
�, k? 0 / A//'A C;/?
Applicant Name
Final Conditions of Approval
Date: November 27, 2007
Page 5 of 5
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