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