PC Resolution-05-06-14-02W
PC RESOLUTION NO. 05-6-14-2
ARCHITECTURAL CONTROL (AC) MODIFICATION 86-03
SIGN EXCEPTION 05-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONDITIONALLY APPROVING A SIGN
EXCEPTION AND ARCHITECTURAL CONTROL (AC) MODIFICATION
FOR THE FRANCISCAN PLAZA THEATRE LOCATED AT 26762
VERDUGO STREET AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 121-1 50-27 (CELEBRITY THEATRE).
Whereas, Busk Entertainment, LLC, P.O. Box 2849; Mission Viejo, CA 92690
has requested approval of approval of a sign exception to certain provisions of Section 9-
3.543, Signs to allow a vertical, “blade”-style, marquee sign. The project also requests
approval of the design of the blade-style, marquee sign and various faGade improvements
to the existing theatre located at Franciscan Plaza located at 26762 Verdugo Street which
is General Plan-designated General Commercial (GC) and classified as Tourist
Commercial (CT) 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,
u 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 May
19,2005 and June 2,2005 to consider the proposed project and compliance with the City’s
Architectural Design Guidelines; 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 Planning Commission conducted a duly-noticed public hearing
on April 9, 2002 pursuant to Section 9-2.31 3 of the Municipal Code, City Council Policy 5,
and Planning Department Policy 51 0 to consider public testimony on the proposed project
and has considered all relevant public comments.
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 Sign Exception:
PC Resolution 05-6-14-2 2 June 14,2005
u’ (a) There are special physical circumstances which justify granting the exception
because the project site is situated along a “dead”-end street and the proposed sign
would allow business identification to motorists along Camino Capistrano.
(b) The intent of the requirement is being met in the design of the total project
inasmuch as the Sign Code did not envision the unique design requirements of a
vertical, marquee sign.
(c) There is little potential for the exception to create a negative impact on surrounding
areas because conditions of approval will control illumination levels and the days
and hours of operation of the flashing light component.
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:
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.
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.
The site plan will remain compatible with surrounding existing and proposed land
uses because the proposed project will not revise the site plan.
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.
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.
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 FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to the
following conditions of approval: L
PC Resolution 05-6-14-2 3 June 14,2005
1.
2.
3.
4.
- Architectural Control 86-03, Modification #2 is approved to install a vertical,
“blade”-style, marquee sign and construct various faGade improvements to
an existing theatre located at 26762 Verdugo Street (APN 121-1 50-27). This
approval is granted based on the application materials submitted by Paul
Douglas, Pacific Environmental Planning, prepared by The Algier Group on
May 17,2005 building elevations and details of faGade improvemenfs. 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 (I !jth) day after the date of the Planning Commission’s
approval and shall expire on June 29,2007, 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.
- 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
PC Resolution 05-6-14-2 4 June 14,2005
5.
6.
7.
8.
9.
IO.
11.
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.
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.
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.
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)
Prior to issuance of any building permits for the faGade improvements, the
applicant shall secure Design Review Committee approval of final
construction drawings for the arched window treatment and the exterior
lighting (accent up-lighting and building mounted lighting). The applicant may
consider the use of gas lamps to replace the existing wall-mounted lighting
subject to Design Review Committee review and approval.
PC Resolution 05-6-14-2 5 June 14,2005
-4 12. Prior to issuance of any building permits for the installation of the balcony
rail, the applicant shall provide construction details demonstrating that the
proposed railing will be constructed of wrought iron and heavy (minimum 1/4
inch thick) flat rolled stock to convey an authentic, quality design. The detail
shall be subject to Planning Director approval and the Director may refer the
design to the Design Review Committee for review and action.
4
13. The use of flashing, scrolling, or other intermittent sign lighting shall be
restricted to the vertical, “blade”-style, marquee sign only. Such lighting shall
only be authorized for use on Friday and Saturday evenings between
sundown and 12:OO a.m. (midnight), or for special events as authorized by a
Special Activities Permit issued pursuant to Section 9-3.547(~)(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 marquee sign, the applicant shall
advise the City of the planned first date of operation. Within 60 days
following the date of 1’‘ 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.
PASSED, APPROVED AND ADOPTED this 14‘h day of June, 2005, by the
following vote, to wit:
AYES: Commissioners, Cohen, Drey, Ratcliffe, Vice-chairman Cardoza, and
Chairman Neely
NOES: none
ABSTAl N: none
ABSENT: none
MNeely, Chwan
Molly 89, Pladning Director, Secretary