PC Resolution-07-05-22-01PC RESOLUTION NO. 07-5-22-1
ARCHITECTURAL CONTROL (AC) 86-03, MODIFICATION #2
ZONE VARIANCE (ZV) 07-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONDITIONALLY APPROVING AN
ARCHITECTURAL CONTROL (AC) MODIFICATION AND AZone Variance
FOR THE CELEBRITY THEATRE LOCATED AT 26762 VERDUGO
STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 121-150-27 (FRANCISCAN PLAZA -CELEBRITY
THEATRE).
Whereas, Busk Entertainment, LLC, P.O. Box 2849; Mission Viejo, CA 92690
has requested approval. of design modifications to the building fagade, and theatre
marquee and "blade" sign, and has requested a zone variance to Section 9-3.303(c) of
Title 9, Land Use Code to increase a portion of the theatre roof height from 26'-3" to 28'-3"
and the parapet height from 28'-0" to 30'-0" for a portion of the existing theatre whereas the
Code establishes a 25'-0" maximum height in the "TC" (Tourist Commercial) Zone District
located at 26762 Verdugo Street; 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), issued a Class 1
categorical exemption, and caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines; and,
Whereas, the Design Review Committee conducted public meetings on April
5 and May 3, 2007 to consider the proposed project and compliance with the City's
Architectural Design Guidelines; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on May 8, 2007 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
with respect to the Architectural Control Modification:
(a) The project plans comply with all provisions of Title 9 of the San Juan Capistrano
Municipal Code except for the proposed vertical, marquee sign for which the
applicant has requested a Sign Exception; in addition, the proposed project will
reduce overall parking demand.
PC Resolution 07-5-22-1 2 May 22, 2007
(b) The project design is generally consistent with the Community Design Element and
all other applicable provisions of the General Plan because the project has been
reviewed and determined to be consistent with the City's adopted Architectural
Design Guidelines subject to the conditions contained herein.
(c) The site plan will remain compatible with surrounding existing and proposed land
uses because the proposed project will not revise the site plan.
(d) The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City
as determined by the Design Review Committee and subject to the conditions of
approval contained herein.
(e) The site plan remains functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation
because the project will not alter site circulation.
(f) The general landscape design, including the location, type, size, color, texture and
coverage of plant materials insures visual relief to complement buildings and
structure and the project will not alter landscaping.
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 Zone Variance: a
(a) There are special circumstances with respect to topography and size of the
property. Because the topographic elevation of the property drops to the west of
Camino Capistrano, and because the building height of the Franciscan Plaza with a
37'-0" height well exceeds the existing theatre, the strict application of the Code
would require the applicant to retain conventional seating, or reduce the seating
capacity which would reduce the owner's "right" to use the property as a theatre.
The height standard places a unique burden on the property dissimilar to other uses
in the "CT" Zone District.
(b) The granting of the variance would not constitute a grant of special privilege
because it would accommodate a unique use, the theatre with stadium -style
seating, in the downtown. No other theatre exists in the downtown area or in the
"CT" Zone District.
(c) The variance will result in development of the theatre complex which will otherwise
remain consistent with the City's development standards and Design Guidelines.
The increase in height does not affect building setbacks nor floor area ratio.
PC Resolution 07-5-22-1 3 May 22, 2007
(d) The variance will not result in development otherwise inconsistent with the General
Plan. In fact, the variance will allow the productive use of an existing commercial
building which has been vacant for several years, and will contribute to the overall
economic vitality of the downtown and will compliment other business activities.
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.
PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the
following vote, to wit:
AYES: Chairman Cardoza, Commissioners Neely and Cohen
NOES: none
ABSTAIN: none
ABSENT: Commissioner Ratcliffe
ti
obert Cardoza, Chairman
Steven Apple, AIC a mg Director
EXHIBIT A
CONDITIONS OF APPROVAL
TO PLANNING COMMISSION RESOLUTION NO. 07-5-22-1
PROJECT LOG #:
PROJECT NAME:
APPROVAL DATE:
EFFECTIVE DATE:
General Conditions:
Architectural Control (AC) 86-03, Mod #2;
Zone Variance (ZV) 07-02
Celebrity Theatre at Franciscan Plaza
May 22, 2007
June 6, 2007
Architectural Control 86-03, Modification #2 is approved to install a vertical,
"blade" -style, marquee sign and construct various facade improvements to
an existing theatre located at 26762 Verdugo Street (APN 121-150-27). This
approval is granted based on the application materials submitted by Paul
Douglas, Pacific Environmental Planning, and prepared for Busk
Entertainment, LLC and approved by the Planning Commission on the date
of the resolution. These plans and the proposed improvements to the site 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 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 on May 8, 2009, two years after the effective date
of the approval unless the improvements which are the subject of this action
have been constructed 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.
PC Resolution 07-5-22-x Conditions of Approval
A C 86-03. Mod #2: ZV 07-02 page 2 of 3
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. Sign approval for the project is a separate process requiring the issuance of
a sign permit and building permits, and is subject to review and approval by
the Planning Department and Building and Safety Department.
7. 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.
8. 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.
9. 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.
10. All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and Safety Department prior to issuance of
PC Resolution 07-5-22=x Conditions of Approval
A C 86-03. Mod #2: ZV 07-02 page 3 of 3
any permits, final inspections, utility releases and/or release of securities, as
specified in these conditions. (B&S)
11. The approved awning fabric shall consist of the black/gold pattern provided
as a material sample to the Planning Commission.
12. The use of sequencing, scrolling, or other intermittent sign lighting shall be
permitted subject to the provisions of this condition. Such lighting shall ,only
be authorized for use on Friday and Saturday evenings between sundown
and 12:00 a.m. (midnight), or for special events as authorized by a Special
Activities Permit issued pursuant to Section 9-3.547(c)(1) of Title 9, Land Use
Code. Prior to the issuance of any building permit for the vertical, "blade" -
style, marquee sign, the applicant shall secure Design Review Committee
review, and approval of final lighting plans.
Following installation of the "blade" -style theatre sign, the applicant shall
advise the City of the planned first date of operation. Within thirty (30) days
following the date of 1St operation of the sign, the Planning Commission shall
review the sign lighting to determine compatibility with the downtown, and
may impose additional limitations on the operation of the sign with respect to
the type, intensity, days and hours of operation of the marquee sign lighting.
Responsible Agencies: ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
PD = Police Services Department
PC = Planning Commission
DRC = Design Review Committee
CHC = Cultural Heritage Commission
Applicant Acceptance of conditions of approval:
Date:_
David Busk, Busk Entertainment, LLC