Resolution Number 09-08-04-03I
RESOLUTION NO. 09-08-04-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, DENYING THE APPEAL OF SIGN PERMIT (SP) 09-006,
THEREBY UPHOLDING THE PLANNING COMMISSION DENIAL, AT
31878 DEL OBISPO STREET, SUITE #128 (APN 668-241-22)
(MO HONARKAR) (4G WIRELESS VERIZON).
WHEREAS, the applicant, Mo Honarkar, has appealed the Planning Commission's
denial a sign permit request. The subject property has a General Plan Designation of
General Commercial (GC) and is zoned General Commercial (GC); and,
WHEREAS, Plaza Del Obispo LLC is the owner of real property located at 31878
Del Obispo Street APN 668-241-22; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has determined no environmental
review is required since staff is recommending denial of the project; and
WHEREAS, on June 9, 2009, the Planning Commission conducted a duly noticed
appeal hearing pursuant to Section 9-2.311 of the Municipal Code to consider public
testimony on the proposed project and denied the applicant appeal, thereby upholding
staff denial of the sign permit; and,
WHEREAS, on August 4, 2009, City Council conducted a duly noticed appeal
hearing pursuant to Section 9-2.311 of the Municipal Code to consider public testimony
on the proposed sign permit appeal.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby deny the sign permit appeal request for Sign Permit (SP)
09-006, based on the information in the staff report and attachments, which are
incorporated herein by reference, and the following findings:
1. The proposed sign is not consistent with the approved sign program pursuant to the
approvals of Architectural Control (AC) 86-5 because the Assistant Community
Development Director determined the subject suite is not eligible for sign type "B" of
said sign program based on leaseable area and does not qualify as a major tenant
as identified by the property owner; and,
2. The proposed sign letters, or "pillow sign" are not identified as permitted in the sign
' program or the Land Use Code; and,
3. The proposed sign is not centered on an architectural "pop -out" as identified in the
sign program.
4. The Planning Commission denied the applicant appeal of staff's decision to deny
the sign permit.
PASSED, APPROVED AND ADOPTED this 4"' day of August, 2009.
ZKNIELSEN M YOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-08-04-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4t' dayof
August 2009, by the following vote:
COUNCIL MEMBERS:
Allevato, Freese, Hribar, Uso and Mayor Nielsen
COUNCIL MEMBER:
None
COUNCIL MEMBER:
None
City Clerk