Resolution Number 11-03-15-05RESOLUTION NO. 11-03-15-05
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING THE APPEAL BY KELLY BURT OF
PRICE SELF STORAGE OF ACTION BY THE PLANNING COMMISSION
TO SUSTAIN THE APPEAL OF GERLAD KLEIN OF JERWEL
ENTERPRISES, AND APPROVING THE APPLICATION OF PRICE SELF
STORAGE FOR SIGN PERMIT (SP)10-004, TO RELOCATE AN EXISTING
SIGN TO PROPERTY LOCATED AT ASSESOR'S PARCEL NUMBER
(APN: 675-441.06) (PRICE SELF STORAGE)
WHEREAS, Price Self Storage submitted an application for Sign Permit (SP)
10-004, to make minor modifications to and relocate an existing constructed monument
sign to an adjacent drive aisle located on real property identified as Assessor's Parcel
Number (APN) 675-441-06; and
WHEREAS, Price Self Storage does not own the property or currently
possess an easement or license to construct the sign at the proposed location; and
WHEREAS, the proposed project site is General Plan designated as Quasi
Industrial and classified as Commercial Manufacturing (GC) on the Official Zoning Map;
and,
WHEREAS, Sections 9-2.303(x) and 9-2.343 of the San Juan Capistrano
Municipal Code authorize the Development Services Director to approve certain sign
permit applications, provided specified findings are made; and
WHEREAS, on July 29, 2010, the Development Services Director approved
Sign Permit (SP) 10-004, subject to certain conditions of approval; and
WHEREAS, on August 12, 2010, Gerald Klein of Jerwel Enterprises timely
appealed the Development Services Director's approval of Sign Permit (SP) 10-004 to the
San Juan Capistrano Planning Commission; and,
WHEREAS, on appeal of the Development Services Director's action, the
Planning Commission has, after due notice and a public hearing held on October 12, 2010,
considered Sign Permit (SP) 10-004; and,
WHEREAS, the Planning Commission has determined that evidence
reviewed and presented in this matter supports denial of Sign Permit (SP) 10--004 and
sustained the appeal of Gerald Klein of Jerwel Enterprises thereby disapproving of SP 10-
004; and,
WHEREAS, on October 26, 2010, Kelly Burt of Price Self Storage timely
appealed the Planning Commission's denial of Sign Permit (SP) 10-004 to the San Juan
Capistrano City Council; and,
3-15-2011
WHEREAS, on appeal of the Planning Commission's action, the City Council
has, after due notice and a public hearing held on February 15, 2011, considered Sign
Permit (SP) 10-004; and
WHEREAS, the City Council has determined that evidence reviewed and
presented in this matter supports approval of Sign Permit (SP) 10-004.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
1. The recitals set forth above are true and correct; and,
2. The proposed sign is consistent with the approved sign pursuant to the approvals of
Architectural Control (AC) 96-08 and Sign Permit (SP) 02-06; and,
3. The proposed location does not impede the visibility as required per section 9.3-559
Visibility at intersections and driveways of the Municipal Code; and,
4. The proposed design is consistent with Section 9.3-543 Signs; and,
5. The City Council's approval of Sign Permit (SP) 10-004 relates only to the
application to relocate an existing constructed monument to an adjacent drive aisle
and does not pertain to applicant's rights, if any, to maintain the existing sign at its
present location; and,
6. That prior to the issuance of any building permits and within a period of one
hundred and eighty (180) days the applicant, Price Self Storage shall record the
necessary easement for the location of the sign, and failure to do so shall render the
approved sign permit null and void.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby approve the appeal of Kelly Burt of Price Self
Storage and overturn the action of the Planning Commission of the City of San Juan
Capistrano, and approves Sign Permit (SP) 10-004.
PASSED, APPROVED AND ADOPTED his 15th day of March, 2011, by the
following vote, to wit:
M ALLEVAtO, MAYOR
ATTEST:
MARIA MOR I I CLERK
2 3-15-2011
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. 11-03-15-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day
of March 2011, by the following vote:
AYES: COUNCIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
MARIA MOR'RKSJ, pity Clerk
3-15-2011