PC Resolution-06-04-11-02PC RESOLUTION NO. 06-4-11-2
HIRSCH PIPE & SUPPLY
SIGN PERMIT (SP) 05-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A SIGN PERMIT FOR ONE
FREESTANDING -18.73 SQUARE FOOT, DOUBLE SIDED MONUMENT
SIGN, WITH AN AGGREGATE SIGN COPY AREA OF 5.66 SQUARE FEET
PER SIDE, AND TO BE LOCATED AT 32107 ALIPAZ STREET AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 668-
151-05 (HIRSCH PIPE & SUPPPLY).
WHEREAS, Tiffany Delgatto on behalf Hirsch Pipe & Supply requests
approval of a sign permit application for the construction of one (1) freestanding 60" high
monument sign and implementation of a modified landscaped area to be located at 32107
Alipaz Street (Assessor Parcel Number 668-151-05). The proposed project site is General
Plan designated as 3.0 "Neighborhood. Commercial" (NC) and classified as (NC)
Neighborhood Commercial 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 April 11, 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:
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 06-4-11-2 2 April 11, 2006
2. 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, April 26,
2006. 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 11th day of April, 2006, by the
following vote, to wit:
AYES: Chairman Cardoza, Vice Chairman Cohen, Commissioners Drey,
Ratcliffe, and Neely
NOES: None
ABSTAIN: None
ABSENT: None
Robert C oza, Chairman
These conditions of approval apply to Sign Permit (SP) 05-21, a Sign Permit application
to construct one (1) free-standing, 64' high double sided monument sign that is
approximately 18.71 square -feet in size, with a sign copy that measures 5.66 square -
feet per side and located at 32107 Alipaz Street, within the Neighborhood Commercial
(NC) 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:
SP 05-21 is granted to construct a 6'-0" high double sided monument sign
that is approximately 18.71 square -feet in size, with a sign copy that
measures 5.66 square -feet per side, and the implementation of a modified
landscape palette on property located at located at 32107 Alipaz Street.
(Assessor Parcel Number 668-151-05). This approval is granted based on
the application materials submitted by Tiffany Delgatto on June 29, 2005
and on March 22, 2006, including site plan, elevations, and landscape
plan, as modified by these conditions. 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
April 11, 2008 (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.
RESOLUTION #: 06-4-11-2
Exhibit A
CONDITIONS OF APPROVAL
Project #: SP 05-21
Project Name: Hirsch Pipe & Supply
APPROVAL DATE:
April 11, 2006
EFFECTIVE DATE:
April 26, 2006
EXPIRATION DATE:
April 11, 2008
These conditions of approval apply to Sign Permit (SP) 05-21, a Sign Permit application
to construct one (1) free-standing, 64' high double sided monument sign that is
approximately 18.71 square -feet in size, with a sign copy that measures 5.66 square -
feet per side and located at 32107 Alipaz Street, within the Neighborhood Commercial
(NC) 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:
SP 05-21 is granted to construct a 6'-0" high double sided monument sign
that is approximately 18.71 square -feet in size, with a sign copy that
measures 5.66 square -feet per side, and the implementation of a modified
landscape palette on property located at located at 32107 Alipaz Street.
(Assessor Parcel Number 668-151-05). This approval is granted based on
the application materials submitted by Tiffany Delgatto on June 29, 2005
and on March 22, 2006, including site plan, elevations, and landscape
plan, as modified by these conditions. 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
April 11, 2008 (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.
Planning Commission Resolution 06-4-11-2
SP 05-21
Final Conditions of Approval
Date: April 11, 2006
Page 2 of 5
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 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
Planning Commission Resolution 06-4-11-2
SP 05-21
Final Conditions of Approval
Date: April 11, 2006
Page 3 of 5
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.
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)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. The initial planting size of the Palo Verde tree shall have a minimum
planting height of 9'-0", or the applicant may choose to replace the
Palo Verde tree with a 72" boxed Cassia Leptophyllous with a
minimum planting height of 15'-0" as measured from finish grade.
(REVISED 26Sep06 Per. PC)
c. Modify the top of the sign in a manner that eliminates the corbels and
provides a smooth radius return.
d. Step the sign back an additional 2'-0", for a setback of approximately
6'-0" from the rear edge of sidewalk.
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.
Planning Commission Resolution 06-4-11-2
SP 05-21
Final Conditions of Approval
Date: April 11, 2006
Page 3 of 5
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.
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 o 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)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Increase the initial planting size of the Palo Verde tree with a minimum
initial height of 25'-0" as measured from finish grade.
c. Modify the flop of the sign in a manner that eliminates the corbels and
provides a smooth radius return.
d. Step the sign back an additional 2'-0", for a setback of approximately
6'-0" from the rear edge of sidewalk.
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)
Planning Commission Resolution 06-4-11-2
SP 05-21
Final Conditions of Approval
Date: April 11, 2006
Page 4 of 5
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. 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. All trees on site to be removed and retained. Tree removals shall
comply with the City's Tree Permit requirements.
c. All slopes of 2:1 and greater shall be permanently landscaped for
erosion control.
d. Backflow devices and utility pedestals shall be located so as to be
. visually inconspicuous, or screened with landscaping.
e. 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:
14. 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)
15. 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)
Planning Commission Resolution 06-4-11-2 Final Conditions of Approval
SP 05-21 Date: April 11, 2006
Page 5 of 5
16. 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)
17. 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.
18. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
Date of Approval: April 11, 2006
Resolution No
Effective Date
06-4-11-2
April 26, 2006
Applicant Acceptance of Conditions of
By: _�
Applica t me
Its:
Title
Date