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PC Resolution-09-04-28-03PC RESOLUTION NO. 09-04-28-3 CODE AMENDMENT (CA 07-005) SIGN CODE UPDATE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE NEGATIVE DECLARATION AND ADOPT AN ORDINANCE APPROVING CODE AMENDMENT (CA) 07-005 TO AMEND THE TITLE 9 OF THE LAND USE CODE SECTION 9-3.543 REGULATING SIGNS Whereas, the San Juan Capistrano Municipal Code Section 9-3.543 regulates signs pertaining to process, procedure and development standards to include but not be limited to location, size, area, height, materials, colors and illumination; and Whereas, the sign code regulations set forth applicable standards to encourage high quality aesthetically attractive signs that provide a positive image for the City and do not negatively impact properties in the City; and Whereas, the sign code sets for development standards that discourage blight, clutter, and provide an even advertising medium for commercial and industrial business establishments; and Whereas, the City Council authorized amendment of the land use code regulating signs and created a Sign Subcommittee to identify deficiencies in the current code provisions as well as address appropriate signs regulations regarding number, area, illumination, materials, colors, temporary signs, real estate signs, and legal constraints; and Whereas, staff and the Sign Subcommittee conducted five (5) work sessions and researched other municipal sign codes, created a draft sign ordinance and forwarded to the Planning Commission; and Whereas, the City of San Juan Capistrano Planning Commission conducted four (4) work sessions to review, edit and fine tune the draft sign ordinance and directed staff to schedule the code amendment for public hearing consideration; and Whereas, the Environmental Administrator has evaluated the sign code amendment Initial Study and has determined that the project would not have any significant environmental impacts and prepared a Negative Declaration; and Whereas, the Sign Subcommittee conducted six (6) meetings to review existing sign provisions and recommends appropriate sign code amendments; and Whereas, the Planning Commission conducted four (4) work sessions to review the draft ordinance page by page and make applicable recommendations; and Whereas, the San Juan Capistrano Planning Commission conducted duly noticed public hearings on March 24, and April 28, 2009 and provided amendments, comments and direction to staff. PC Resolution 09-03-24-3 2 April 28 2008 NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING FINDINGS HAVE BEEN MADE BY THE PLANNING COMMISSION: 1) The proposed Land Use Code Amendment (CA) 07-005 is consistent with the goals and policies of the General Plan; and 2) The proposed Land Use Code Amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare; and 3) The proposed Land Use Code Amendment conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof; and 4) The proposed Land Use Code Amendment is reasonable and beneficial at this time. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council certify the Negative Declaration and adopt an ordinance approving Code Amendment (CA) 07-005 to amend the San Juan Capistrano Municipal Code Section 9-3.543 regulating signs subject to the following amendments in the track change draft ordinance: 1. Page 4, Subsection (b)(6)(D) Lighting Intensity: End of first sentence add the wording "at any given time". 2. Page 9, Subsection (f)(2)(C)(6) Election Signs: Re -instate sentence that reads "Temporary signs shall be placed no less than fifty (50) feet apart from identical or substantially similar temporary signs, and in no case shall more than one temporary sign per candidate or ballot issue be allowed per parcel." Page 19, Subsection (g), Table 3-42, amend for consistency. 3. Page 10, Subsection (f)(2)(H) Real Estate Sale or Lease Signs: reduce "48" square feet to "32" square feet for signs by right for lots adjacent to the 1-5 Freeway. Page 18, Subsection (g), Table 3-42, Sign Standards, amend for consistency and add provision allowing 1 sign per 600 lineal feet of frontage." 4. Page 17, Subsection (g), Table 3-42, Permanent window Signs: Fifth column delete sentence stating "Any advertisement inside a building visible from the public right-of- way is a window sign." Page 24, Subsection (i)(5)(C), delete same language for consistency. Page 34, Appendix A, leave existing definition of "sign, window". . EFFECTIVE DATE & FINAL APPROVAL: The decision of the Planning Commission is a recommendation to the City Council that shall become final thirty (30) days after second reading and adoption of a City Council Ordinance. PC Resolution 09-03-24-3 3 April 28 2008 PASSED, APPROVED AND ADOPTED this 28th day of April, 2009, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 6—L- Sheldon Cohen, Chair Grant Taylor, stant Community Development Director