PC Resolution-05-09-13-05RESOLUTION NO. 05-09-1 3-05
GATES OFFICE BUILDING SIGN PROGRAM
ARCHITECTURAL CONTROL (AC) 04-08 MODIFICATION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CONDITIONALLY APPROVING A MODIFICATION TO ARCHITECTURAL
ON APPROXIMATELY .838 ACRE OF LAND LOCATED AT 31601 AVENIDA LOS
CONTROL (AC) 04-08 FOR A SIGN PROGRAM FOR THE GATES OFFICE BUlLlDNG
CERRITOS (APN 650-1 51 -1 7)
Whereas, on July 19, 2005 Cerritos Land Partners, LLP, submitted an
application for a Modification to Architectural Control (AC) approval to permit a Sign
Program for an office building on approximately .838 acre of land located at 31601 Avenida
Los Cerritos; and,
Whereas, the Planning Commission, as part of their consideration, also
reviewed the issue of a Code Interpretation relative to allowing monument signs in the
Commercial Office (CO) Zone, and determined the omission of such signs in the CO Zone
was due to clerical error, and further determined that monument signs are a permitted sign
within the CO Zone; and
Whereas, the proposed project has been processed pursuant to Chapter 9-2,
Article 3 of Title 9 of the San Juan Capistrano Municipal Code; and,
d
Whereas, the Environmental Administrator had reviewed the initial study
prepared for the original project pursuant to Section 15063 and 15064 of the CEQA
Guidelines, had issued a Mitigated Negative Declaration (MND) pursuant to Section 15070
of those guidelines, had caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines, and had otherwise complied with all applicable
provisions of the California Environmental Quality Act (1 970); and a determination has
been made that MND applies to this modification; and,
Whereas, the Planning Commission has considered the Environmental
Administrator’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies ; and,
Whereas, the Design Review Committee (DRC) conducted a public meeting on
August 4, 2005 on the sign program and voted to forward the project to the Planning
Commission with revisions as recommended by the DRC; and
Whereas, the Planning Commission conducted duly-noticed public hearings
on August 23, and September 13, 2005 on the proposed project and has considered all
relevant public testimony, written comments, the previously-approved Mitigated Negative
Declaration, and written and oral staff reports.
PC Resolution 05-09-1 3-05 2 September 13, 2005
L NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The Mitigated Negative Declaration (MND) for The Gates Office Building was
completed in compliance with CEQA and fully analyzes environmental impacts
associated with Architectural Control (AC) 04-08. The MND was completed on
September 14, 2004, and filed and posted with the County Clerk-Recorder on
September 15, 2004, a minimum of 20 days prior to the Planning Commission
consideration and action on the proposed project. The MND serves as the CEQA
documentation for this modification.
2. The Planning Commission finds that the omission of monument signs within the
Commercial Office (CO) Zone District was due to clerical error, and that such signs
are permitted in the CO Zone.
3. The sign program, as conditioned, will comply with all applicable sections of Title 9
of the San Juan Capistrano Municipal Code.
4. The proposed modification of maximum sign size for the wall signs located on the
west building elevation is consistent with Municipal Code Section 9-343(i) in that:
(a). The wall signs comply with all other applicable criteria of the sign regulations
with respect to the lighting, location and design standards;
(b). The scale of the signs are in harmony with the architectural design for the
building ;
(c). The signs will not create a hazard or will be harmful to other adjacent
properties; and
(d). The signs are included as an integral component of the coordinated sign
program for the Gates Office Building.
5. As conditioned, the general design of the signs, including the character, scale and
quality of the design, will be generally consistent with applicable citywide design
guidelines because the proposed sign program has been reviewed by the Design
Review Committee and approved by the Planning Commission in order to ensure
their conformance with City design guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control 04-
08 Modification, based upon the findings set forth herein and subject to the Conditions of
Approval contained in Attachment lof this resolution, of which said attachment is hereby
expressly incorporated by reference as if set out in full 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 500 pm, 28th day of September, 2005. This
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PC Resolution 05-09-1 3-05 3 September 13, 2005
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project approval shall be valid for a period of one (I) year from the date of approval of this
resolution, and shall expire on September 13, 2006, unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2005, by the following
vote, to wit:
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza
NOES: None
ABSTAIN: Chairman Neely
ABSENT: None
Tim Neely, Chaiw
Molly Bog hvlannh Director, Secretary
RESOLUTION #: 05-09-1 3-05
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: AC04-08 Modification Project Name: Gates Office Building Sign
APPROVAL DATE: September 13,2005
EFFECTIVE DATE: September 28,2005
EXPIRATION DATE: September 13,2006
Program
These conditions of approval apply to Architectural Control (AC) 04-08 Modification
permit regarding the sign program for an office building on a .838-acre lot located at
31601 Avenida Los Cerritos. 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 purposes 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.
Genera I C o nd i tions :
1.
W
AC 04-08 Modification is granted for a comprehensive sign program for
the Gates Office Building located at 31601 Avenida Los Cerritos (APN
650-151-17). This approval is granted based on the application materials
submitted by Brad Gates consisting of the Sign Program, dated
September 13, 2005. This sign program is 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 program, 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 (1 5‘h) day
after the date of the Planning Commission’s approval and shall expire
September 13, 2006, I2 months after the 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 required fee, at least
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Planning Director.
Resolution # 05-09- 73-05
AC04-08Modification
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Finalt Conditions of Approval
Date: September 13, 2005
Page 2 of 4
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
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.
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.
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.
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.
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.
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.
*Denotes Environmental Mitigation Measure
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Resolution ## 05-09- 13-05
A CO4-08 Modification
Finalt Conditions of Approval
Date: September 13, 2005
Page 3 of 4
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. (BStS)
IO. - The Conditions of Approval, contained as Exhibit 1 to Planning
Commission Resolution No. 04-1 0-26-01 approving the Gates Office
Building shall remain in full force and effect.
11. - The Sign Program shall be revised with respect to Sign Type D (Wall
Signs) as follows:
a. Under Sign Descriptions, Page 4, Sign Type D, the following shall
be added after the second sentence: “Each tenant within the
building shall be permifted no more than one wall sign. ” In addition,
reference within that section to the illustration on “page 13” shall be
revised to be “page 12.’’
b. Sign Type D shall be limited to a maximum of four (4), consisting of
one (1) 45 square-foot sign, two (2) 32 square foot signs and one
(1) 24 square-foot sign. The illustration on Page 12 shall be
revised to reflect the 45-square-foot sign to be located at the ceiling
plate level of the first floor at the center of the wall, and the two 32
square-foot signs to be located on each end of the building at the
first floor ceiling plate level; and the 24 square foot sign to be
located at the second floor plate level.
c. Prior to issuance of a Building Permit for any wall sign, the DRC
shall review the final sign design, including type of construction,
lighting and colors. The DRC may limit letter design and color
palette for all of the wall signs.
d. The applicant at his own option, may install electrical stub-outs for
two additional wall signs to be located on the second floor ceiling
plate level at a location centered over the two 32 square foot signs;
however, this approval does not include approval for the two
additional wall signs. If the applicant chooses to propose the
additional two signs at a future date, a Modification to this Sign
Program shall be processed and approved by the Planning
Commission.
*Denotes Environmental Mitigation Measure
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Resolution # 05-09- 13-05
A CO4-08Modification
Finalt Conditions of Approval
Date: September 13, 2005
Page 4 of 4
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: September 13, 2005
Resolution No.: 05-09-1 3-05
Effective Date: September 28, 2005
Brad Gates Date
*Denotes Environmental Mitigation Measure L