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PC Resolution-06-06-13-01PC RESOLUTION NO. 06-06-13-1 ARCHITECTURE CONTROL 05-07 & DEVELOPMENT STANDARDS ADJUSTMENT 06 - 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A SIGN PROGRAM AND A DEVELOPMENT STANDARDS ADJUSTMENT TO ALLOW INTERNAL ILLUMINATION OF A MONUMENT ON THE CAPISTRANO NISSAN AUTO DEALERSHIP PROPERTY LOCATED AT 33375 CAMINO CAPISTRANO (APN 121-240-50; CAPISTRANO NISSAN) Whereas, Capistrano Nissan requests approval of a Sign Program to construct four (4) building mounted signs and a monument sign with a height of 25'-0" and a Development Standards Adjustment to the Land Use Code to allow internal illumination of the monument sign. The property is General Plan designated as "QI" (Quasi -Industrial) and is designated as "CM" Commercial Manufacturing 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, the Planning Commission conducted a duly noticed public meeting on June 13, 2006 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 with respect to the Development Standards Adjustment: The requested adjustment is the most practical solution to the proposed project because the internal lighting will only be placed in the Nissan logo and will not be used throughout the sign. The request will not cause a negative impact on the property because the sign will be replacing an existing sign/structure that also contains internal illumination and the proposed project would result in a design similar to the adjacent auto dealerships located along Camino Capistrano. The proposed request is consistent with the purpose and intent of the Development Standards Adjustment. 2. The proposed project does not adversely affect the adjoining properties because all of the adjacent auto dealerships contain an internally illuminated monument sign with landscaping along the base. The applicants request will be compatible with the adjacent auto dealerships in the vicinity. PC Resolution 06-06-13-1 2 June 13, 2006 NOW, THEREFORE, BELT 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 monument sign is consistent with the size, area, and landscaping provisions of Section 9-3.543 of the Municipal Code, because the monument sign incorporates Landscaping along the base of the sign, and is consistent with Section 9-3.543 which regulates the maximum sign copy area in the CM (Commercial Manufacturing) District to 60 square feet. The proposed monument sign has a sign copy area of 30 square feet. 2. Based on the findings set forth above to allow partial internal illumination of the monument sign, said sign is consistent with Land Use Code Section 9-3.543 because only the logo will be internally illuminated and the proposed illumination is consistent with that used by adjacent auto dealerships in the vicinity of the site. 3. The building mounted signs are consistent with Section 9-3.543 of the Municipal Code, because the Municipal Code states that within the CM District, building mounted signs cannot exceed a maximum length of 25 feet and a maximum sign area of 60 square feet. The Proposed corporate signs are located on the east elevation of the building and range from 20.6 square feet to 28 square feet for corporate identification and the proposed colors are white and red. All proposed signs have a maximum height of 24 inches and maximum length of 13 feet and a maximum sign copy area of 26 square feet and are proposed to be internally illuminated. The proposed service signs have a height of 15" and a length of 5'-0" and 7'-9" and are proposed to be painted white and internally illuminated. All sign placement and dimensions in the program conform to the Sign Ordinance. The signs are proportional in scale to the building elevation and with the overall building mass. 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, June 291h, 2006. PASSED, APPROVED AND ADOPTED this 13th day of June, 2006, by the following vote, to wit: AYES: Commissioners Neely, Ratcliffe and Chairman Cardoza NOES: None ABSTAIN: Vice -Chairman Cohen PC Resolution 06-06-13-1 3 ABSENT: Commissioner Drey June 13, 2006 /1�obert Card a, Chairman 146�u Molly Bogh, ynnin4 Director, Secretary (P:\Planning\Archive\Ac Projects 2000-\Ac0507capistranonissan\Ac 05-07 Pc Reso 13june06.Doc) RESOLUTION #: 06-06-13-1 Exhibit A CONDITIONS OF APPROVAL Project #: AC 05-07 & DSA 06-07 Project Name: Capistrano Nissan APPROVAL DATE: June 13, 2006 EFFECTIVE DATE: June 28, 2006 EXPIRATION DATE: June 13, 2008 These conditions of approval apply to Architecture Control (AC) 05707 & Development Standards Adjustment (DSA) 06-07, to allow internal illumination of a proposed monument sign with a height of 25'-0" located at the Capistrano Nissan auto dealership, and to approve a Sign Program and new monument sign on the site. 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. DSA 06-07 is granted to allow internal illumination of a monument sign located at the Capistrano Nissan Auto dealership. AC Modification 05-07 is granted to establish a Sign Program and permit a free-standing monument sign 25'-0" in height and 168 square feet in area. The sign is a part of a sign program for Capistrano Nissan. The proposed project is located at 33375 Camino Capistrano (APN 121-240-50). This approval is granted based on the application materials submitted by Josh Piatt, Certified Signs on March 28, 2006, prepared by Image Point on January 30, 2006 including site plan, elevations, and lettering details. These plans and the proposed use of 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 date of the Planning Commissions. approval and shall expire June 13, 2008 (24) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place 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 Planning Commission Resolution 06-06-13-1 Final Conditions of Approval DSA 06-07 June 13, 2006 Page 2 of 4 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, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. Planning Commission Resolution 06-06-13-1 Final Conditions of Approval DSA 06-07 June 13, 2006 Page 3 of 4 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 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 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. Orange County Fire Authority (OCFA) Approval. The applicant shall secure OCFA approval prior to commencement to any building construction. (OFCA) 12. The applicant shall secure all applicable building permits for construction of the proposed project as required by the Building Official. (B&S) 13. 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) 14. The internal illumination on the monument sign shall not exceed 0.2 footcandles. 15. 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 I Developer Deposit Account assigned to this application. (PLN) Planning Commission Resolution 06-06-13-1 Final Conditions of Approval OSA 06-07 June 13, 2006 Page 4 of 4. 16. ._ 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 ENG = Engineering Department PLN = Planning Department PW = . Public Works Department OCFA = Orange County Fire Authority APPROVAL DATE: June 13, 2006 EXPIRATION DATE: June 13, 2008 RESOLUTION NO.: 06-06-13-1 Applicant Acceptance of Conditions of Approval: By; Tana Koerting, Borrego Development Date PAPEanninq\ArehlvelAC PROJECTS 2000-\Ac0507CapistranoNissan\AC 05-07 PC coa lWuneMdoc