Resolution Number 90-8-7-6RESOLUTION NO. 90-8-7-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AFFIRMING THE PLANNING
COMMISSION ACTION OF MAY 22, 1990 REGARDING CONDITIONS
2a and 2f AND MODIFYING CONDITION 2c OF THE PLANNING
COMMISSION RESOLUTION 90-5-22-2 (JOHNSON(YU)
WHEREAS, the applicants, Mr. Chuck Johnson, 32136 Miguelito Road, San Juan
Capistrano, California, Ms. Shirley Yu, 1 Summit Road, Irvine, California, and Mr. Brent
Ogden, 4040 MacArthur Boulevard, Suite 205, Newport Beach, California, have submitted
an appeal to the Planning Commission conditional approval of the sign program for a
5.11 -acre commercial center located at the terminus of Paseo Mercado de Capistrano in
the CG (General Commercial) District; and,
WHEREAS, a Negative Declaration has been prepared for this project; and,
WHEREAS, the Planning Commission, in accordance with Planning Commission
Resolution No. 89-9-12-1, Condition No. 7, reviewed a sign program and approved the
program, subject to conditions which require external back -lit illumination and 18 -inch
high channel letter signs at its meeting of May 22, 1990; and,
WHEREAS, Municipal Code Section 9-3.603 provides that sign programs are
subject to discretionary review by the Planning Commission and City Council upon
appeal; and,
WHEREAS, the design criteria of Section 9-3.603 are treated as guidelines and
not rigid requirements; and,
WHEREAS, proposed sign programs are to be reviewed in light of stated goals
of the General Plan; and,
WHEREAS, the Planning Commission found and determined that the proposed
internal illumination of the subject signs were obtrusive, not subdued, and not in keeping
with the village -like atmosphere goal set forth in the City's General Plan; and,
WHEREAS, the applicants have appealed the decision of the Planning
Commission to the City Council; and,
WHEREAS, the City Council, on July 17, 1990, conducted an appeal hearing
and heard testimony from the staff and applicants regarding said appeal.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, as follows:
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SECTION 1.
The City Council hereby finds and determines that the Planning Commission
action of May 22, 1990 regarding conditions 2a, 2f, and modified condition 2c of Planning
Commission Resolution 90-5-22-2 is hereby affirmed.
SECTION 2.
The City Council's decision is based upon the finding that the proposed internal
illumination signs would be obtrusive, not subdued, and not in keeping with the goal of
the General Plan, to wit, that signage, particularly at this location (the Area A concept
plan) would not be in keeping with the village like atmosphere of the goal the General
Plan; that a requirement imposed by the Planning Commission that external back -lit
illumination will produce a more subdued signing effect. Further, the City Council finds
that the signage in this project, which is adjacent to the freeway, is at a critical location
and that the applicants' position that this lighting should be treated the same as the
project next door does not have merit. The City Council further finds that to allow
internal illumination at this location will have the effect of producing a strip -like garish
commercial effect which the City Council wishes to avoid.
SECTION 3.
Resolution 90-7-17-8 is hereby repealed.
PASSED, APPROVED, AND ADOPTED this
Of Auvust ,1990.
ARY L. USDORFER, MAY
ATTEST:
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day
1197
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 90-8-7-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day of August, 1990
by the following vote:
AYES: Councilmen Buchheim, Bland and Mayor Hausdorfer
NOES: None
ABSENT: None,
ABSTAIN: Councilmen Schwartze and Friess
(SEAL)
CHERYL JOHN N, ITY CLERK
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