Resolution Number 01-6-19-2043
RESOLUTION NO. 01-6-19-2
DENIAL OF APPEAL FOR SIGN EXCEPTION
FOR CONDITIONAL USE PERMIT 00-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE ACTION OF THE
PLANNING COMMISSION AND DENYING A REQUEST FOR A SIGN
EXCEPTION TO ALLOW A 25 -FOOT HIGH MONUMENT SIGN WHEN THE
MAXIMUM HEIGHT PERMITTED IS SIX (6') FEET IN HEIGHT. THE
PROJECT SITE IS LOCATED AT 32881 CAMINO CAPISTRANO
(WESELOH - PERFORMANCE MOTORSPORTS)
WHEREAS, the applicant, Performance Motorsports, 32881 Camino Capistrano,
San Juan Capistrano , CA 92675, has requested a sign exception to permit a 25 foot tall
monument sign where six feet is permitted; and,
WHEREAS, this project has been processed and reviewed in accordance with the
California Environmental Quality Act (1970, as amended). The City's Environmental
Administrator has reviewed this project and determined that it is categorically exempt (class
5) from further environmental review; and,
WHEREAS, on April 24, 2001, the Planning Commission held a duly noticed public
hearing to consider testimony both in favor of, and opposition to, the proposed exception;
and,
WHEREAS, the Planning Commission upon consideration of the testimony received
and review of information contained in the agenda item approved a motion to unanimously
deny the request for the sign exception. Their findings having been set forth in Planning
Commission Resolution No. 01-04-24-03; and,
WHEREAS, the applicant filed an appeal of the Planning Commission action with
the City Clerk on May 8, 2001; and,
WHEREAS, in accordance with procedures of Section 9-2.314 of Title 9, Appeals, a
duly noticed public hearing was conducted on June 19, 2001 by the City Council to
consider testimony both in favor of, and in opposition to the proposed appeal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, California does hereby confirm the action of the Planning Commission
and denies the application for an exception to height for a monument sign based upon the
following findings:
-- (1) The applicant's letter of justification states all the economic benefits that
would be coming to the City from the sales generated by the business should be
considered in support of the request. Each of the proposed uses are considered
044
general retail in nature and can be fully accommodated and identified consistent
with the sign provisions for such land uses. Furthermore, the use of economic
benefit would be precedent setting and would result in other signs for non -
automobile dealership monument signs that would be contrary to the aesthetic
image of the community as expressed in the General Plan.
(2) The scale of the proposed sign is not in scale with the general retail
establishments and the specific building design of the existing facility. Each of the
surrounding establishments have monument signs (including the California Highway
Patrol) that meet the design criteria of the municipal code. Furthermore, the City has
not approved monument signs for other regional retail businesses that exceed the
maximum six (6) foot height standards.
(3) The only signs that exceed the six foot maximum height limit for this District
are the automobile dealerships, no other commercial businesses or centers have
received approval of a larger sign adjacent to either an arterial in the City or visible
from Interstate 5. Existing retail centers that have a larger sign were approved prior
to the existing standards being adopted almost 28 years ago (1973). The only
modified sign height that was approved by the Planning Commission was the Home
Improvement Center located within the Del Obispo Plaza complex. This particular
sign was located internally and is not visible from the major streets that border the
site.
(4) The sign is not an integral component of a coordinated sign program for the
building or the general development area. It is a freestanding large monument sign
adjacent to a major arterial (scenic corridor) and Interstate 5 that is inconsistent with
the intent and purpose of the sign provisions of the Municipal Code. Similar land
uses that have been approved, including a recent motorcycle dealership have not
been permitted larger monument signage than previously approved for their specific
development area. Approval of this exception will be precedent setting and other
such developments that argue the need for larger monument signs based upon the
amount of potential economic return would be established. Other large retail sales
tax generator of a non -automobile dealership use have not been granted monument
signs that exceed six feet in height.
(5) The Department of Motor Vehicles definition of vehicles is not referenced nor
related to the terms used in the provisions of the sign provisions of Section 9-3.603
of the Municipal Code.
PASSED, APPROVED AND ADOPTED this 19th day of June 2001.
ATTEST:
IMARG RET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 2 was duly adopted by the City Council of
the City of San Juan Capistrano at a regular meeting thereof, held the 19th day of June
2001, by the following vote:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
r7
R. MONAHAN, City Clerk
Greiner, Gelff, Swerdlin and Mayor Hart
None
Bathgate
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