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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