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PC Resolution-10-10-12-01PC RESOLUTION NO. 10-10-12-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO SUSTAINING APPEAL BY GERALD KLEIN OF JERWEL ENTERPRISES OF ACTION BY THE DEVELOPMENT SERVICES DIRECTOR, AND DISAPPROVING THE APPLICATION OF PRICE SELF STORAGE FOR SIGN PERMIT (SP) 10-04, TO RELOCATE AN EXISTING SIGN TO PROPERTY LOCATED AT ASSESOR'S PARCEL NUMBER (APN: 675-441-06). WHEREAS, Price Self Storage submitted an application for Sign Permit (SP) 10-04, 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 "4.1 Quasi -Industrial" and is classified as "GC" (General Commercial) on the City's Official Zoning Map; and, WHEREAS, Sections 9-2.303(a) 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) 10-04, 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) 10-04; and, WHEREAS, the Planning Commission has determined that evidence reviewed and presented in this matter supports denial of Sign Permit (SP) 10-04. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: PC Res 10-10-12-01 2 October 12 2010 1. The recitals set forth above are true and correct. 2. The required findings that the sign will not be detrimental to the public health, safety, or welfare and will not have an adverse impact on adjacent properties or rights-of- way cannot be made. Price Self Storage does not own the property on which the sign is proposed to be relocated and has not yet secured and/or recorded an easement, license, or other evidence of permission of the property owner or a legal right to construct the sign at the proposed location. The appellant and its representatives have asserted that the proposed location of the sign would interfere with existing property rights possessed by appellant and have adverse impacts on its adjacent property. Therefore, approval of Sign Permit (SP) 10-004 prior to the applicant's obtaining a legal right to construct the monument sign in the proposed location, or reasonable assurance that such right will be obtained, would be premature. 3. The Planning Commission's denial of Sign Permit (SP) 10-004 relates only to the application to relocate an existing constructed monument sign to an adjacent drive aisle and does not pertain to the applicant's rights, if any, to maintain the existing sign at its present location. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby sustain the appeal of Gerald Klein of Jerwel Enterprises, overturns the prior action of the Development Services Director, and hereby denies Sign Permit (SP) 10-004. EFFECTIVE DATE & FINAL APPROVAL: This action shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application from the date of Planning Commission acceptance of this resolution. The appeal period shall expire on Wednesday, November 10, 2010. PASSED, APPROVED AND ADOPTED this .12th day of October, 2010, by the following vote, to wit.- AYES: it: AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners Kerr, Mocalis, Neely, Tatarian, and Williams NOES: none ABSTAIN: none SheldaeCohen, Chairman