Resolution Number 90-8-7-7121
RESOLUTION NO. 90-8-7-7
AFFIRMING PLANNING COMMISSION ACTION OF MAY 22 1990
AND REPEALING RESOLUTION NO. 90-7-17-7 -
SIGN APPEAL, ARCHITECTURAL CONTROL 88-9 DOLLEY)
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 NO. 71b, 7c and 8c OF PLANNING COMMISSION
RESOLUTION 90-5-22-3, AND REPEALING CITY COUNCIL
RESOLUTION NO. 90-7-17-7 (ARCHITECTURAL CONTROL 88-9,
DOLLEY)
WHEREAS, the applicant, Mr. Robert Dolley, 1441 Irvine Boulevard, Suite 205,
Tustin, California, has submitted an appeal to the Planning Commission conditional
approval of the sign program for a 5.8 -acre commercial center located on the southeast
corner of Camino Capistrano and Del Obispo in the CG (General Commercial) District;
and,
WHEREAS, a Negative Declaration has been issued for this project; and
WHEREAS, the Planning Commission, in accordance with the Planning
Commission Resolution 89-9-L2-2, Condition No. 6, reviewed a sign program and
approved the program, subject to conditions which require external back -lit illumination
reverse channel letters for the Payless and Millers Outpost 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 channel letters for Payless and Millers Outpost 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 applicant has 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 staff and the applicant 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 7b, 7c and 8c of the Planning Commission
90-5-22-3 are hereby affirmed.
SECTION 2.
The City Council's decision is based upon 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 goal of 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 applicant's 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 of the signing at this location would have the effect of producing a
strip -like garish commercial effect which the City Council wishes to avoid.
SECTION 3.
Resolution No. 90-7-17-7 is hereby repealed.
PASSED, APPROVED, AND ADOPTED this
of August , 1990.
ATTEST:
7th day
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 90-8-7-7 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 JOHNSUN, CITY CLERK
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