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Resolution Number 10-02-16-01RESOLUTION NO. 10-02-16-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, UPHOLDING THE APPEAL OF SIGN PERMIT (SP) 09-040, THEREBY APPROVING THE PROPOSED 25'-0" PYLON SIGN AT THE NISSAN AUTO DEALERSHIP FOR PROPERTY LOCATED AT 33611 CAMINO CAPISTRANO (APN 121-251-41) (BRENT FORTE) (SITE ENHANCEMENT SERVICES). WHEREAS, agent for the applicant, Brent Forte of Site Enhancement Services, appealed the Planning Commission's denial a sign permit request. The subject property has a General Plan Designation of Quasi-]ndustrial and is zoned Commercial Manufacturing (CM); and, WHEREAS, Weseloh Family Ltd. Partnership is the owner of real property located at 33611 Camino Capistrano, APN 121-251-41; 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 the project to be exempt from environmental review pursuant to Section 15303 Class 3, New Construction or Conversion of Small Structures; and WHEREAS, on November 24, 2009, the Planning Commission conducted a duly noticed public meeting pursuant to Section 9-2.311 of the Municipal Code to consider public testimony on the proposed project and denied the sign permit request; and, WHEREAS, on January 28, 2010, City Council conducted a duly noticed public meeting 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 uphold the sign permit appeal request for Sign Permit (SP) 09-040, thereby overturning the decision of the Planning Commission to deny the sign permit, and approves the proposed monument pylon sign 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 consistent with the design criteria of Section 9-3.543, Signs, the General Plan Community Design Element, and the Architectural Design Guidelines because the sign is constructed of high quality metal, features a solid base upon which the sign face is installed, features existing landscaping at the - 1 - base, and is sufficiently architecturally integrated with the project setting and the existing building design. 2. The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the development project because the sign does not exceed the maximum height of 25'- 0" and does not exceed 60 square feet of sign copy. 3. The sign will not be detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, be compatible with surrounding areas and be consistent with the City's adopted Architectural Design Guidelines because it is consistent with the general design and style of other auto dealer monument signs in the immediate vicinity and is located at a substantial distance from the existing buildings, which lessens the need for architectural integration. 4. The City Council finds that the sign is in scale with the project setting and with the surrounding area. The height is appropriate because the topography begins to slope downward heading south on Camino Capistrano, where the sign is located. The height is also appropriate for freeway visibility and the sign copy is in appropriate scale with the overall design of the sign. THE CITY COUNCIL FURTHER FINDS, that the sign meets municipal code requirements, was previously approved at a different location, and that the sign is being relocated (1300) thirteen hundred feet from its original location. 2010. PASSED, APPROVED AND AD,OPTE this 16th day of February, DR. LONDRES USO,'MAYOR - 2 - 2-16-2010 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 10-02-16-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16th day of February 2010, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Hribar, Freese and Mayor Uso NOES. UNCIL MEMBER: None ABS T OUNCIL MEMBER: Nielsen