PC Resolution-08-10-28-02PC RESOLUTION NO. 08-10-28-02
ORTEGA SHELL SIGN PROGRAM (AC) 08-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING THE PROPOSED SIGN PROGRAM
FOR BUILDINGS LOCATED. AT 27101 ORTEGA HIGHWAY AND
GENERALLY LOCATED ON THE NORTH SIDE OF ORTEGA HIGHWAY
BETWEEN 1-5 AND AVENIDA LOS CERRITOS (APN 650-151-18)
Whereas, Five Star Realtors, INC. , owner of real property described
as Assessor's Parcel Numbers 650-151-18 located at 27101 Ortega Hwy., San Juan
.Capistrano; and,
WHEREAS, 3M Holding LLC (Richard Finkel, representative) is proposing a
sign program for a developed gas station located at 27101 Ortega Hwy, generally located
on the north side of Ortega Highway between 1-5 and Avenida Los Cerritos (APN 650-151-
18) . The proposed project site is General Plan designated as General Commercial (GC)
and classified as General Commercial (GC) on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.343, Sign Permit Review of the Land Use Code; and,
WHEREAS, The Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), and has
determined that per Section 15270 (a) (Projects Which Are Disapproved), "CEQA does not
apply to projects which a public agency rejects or disapprove'; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly noticed public
meeting on October 28, 2008 and pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The proposed signage is inconsistent with the Architectural Design Guidelines; and,
2. The proposed signage is inconsistent with the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City. of San Juan Capistrano hereby denies the project.
PC Resolution 08-10-28-02 2 October 28, 2008
EFFECTIVE DATE & FINAL APPROVAL: This project denial shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire at 5:00 p.m; Wednesday, November 12, 2008.
This project approval shall be valid from the date of approval of this resolution, and shall
expire two (2) years after, unless a time extension request or building/grading permit
application related to this discretionary approval is submitted to the City prior to that date.
Failure to comply with the conditions of this permit constitutes a violation of Section 9-2.349
of the San Juan Capistrano Municipal Code.
Denied this 28th day of October, by the following vote, to wit:
AYES: Chairman Cohen, Commissioners Kerr, Ratcliffe, and Neely
NOES:
ABSTAIN: Commissioner Cardoza
ABSENT:
Sheldon Cohen, Chairman