Loading...
HomeMy WebLinkAboutPC RES 3822 RESOLUTION NO. 3822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING SIGN CODE EXCEPTION 01-002, AUTHORIZING ONE (1) ADDITIONAL TWENTY-FIVE (25) SQUARE FOOT WALL SIGN TO EXCEED THE MAXIMUM OF ONE (1) WALL SIGN PER STREET FRONTAGE FOR TUSTIN ACURA LOCATED AT 9 AUTO CENTER DRIVE IN THE TUSTIN AUTO CENTER The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Sign Code Exception 01-002, has been filed by Richard Hsu on behalf of DCH Investments, Inc., requesting authorization to permit a twenty-five (25) square foot illuminated, channel letter wall sign where a maximum of one (1) wall sign is permitted per street frontage. B. That signs in the Tustin Auto Center are regulated by the Tustin Auto Center Master Sign Program, and a wall sign which exceeds the maximum permitted one (1) per street frontage can be authorized with approval of a Sign Code Exception by the Planning Commission pursuant to Tustin City Code Section 9405c. C. That the primary use for which the sign is required is consistent with the "Auto Center" land use designation within the East Tustin Specific Plan and the "Planned Community Commercial/Business" designation of the Tustin General Plan which permits commercial uses. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. Pursuant to Sign Code Section 9405c, the request to permit a wall sign which exceeds the maximum of one (1) sign per street frontage can be supported by the following findings. 1. Sign size and placement restrictions of the sign code shall be closely followed as practicable. With exception to the permitted number of wall-mounted signs permitted per street frontage, both existing wall signs and the proposed wall sign meet all of the sign requirements. The proposed sign is identical to the size, design, and general location to the existing sign on the southwest elevation of the building. Both signs are eighteen (18) inches in height instead of the permitted twenty-four (24) inches, and are twenty-five (25) square feet in size instead of the permitted one hundred (100) square feet. Resolution No. 3822 Page 2 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. It is the intent of the Tustin Auto Center Master Sign Program to guide automobile dealers in selection and placement of their signage. It is also the intent to provide a reasonable number and size of signs for propedy conducting business and to reasonably control the design and placement of all signage. The number and size of signs are intended to maintain continuity and appropriate scale to the center as a whole. While the proposed sign exceeds the maximum allowable number of wall signs by one (1) sign, it is compatible with the project and other signs on the property in size, design, and location. 3. There are special circumstances unique to the property to justify the exception. A perimeter wall for the Tustin Auto Center partially obstructs the southeast elevation of the building to traffic along El Camino Real. Since the property is located on a corner, both elevations are equally important regarding signage. While the Tustin Auto Center Master Sign Program limits the total number of wall- mounted signs to a (100) square foot sign per street frontage, or two (2) signs totaling two hundred (200) square feet for a comer property, the applicant is proposing three (3) signs per two (2) street frontages with total signage of 131 square feet. Three (3) signs of the same color, font, scale, and wording with a total size significantly under the permitted threshold of two hundred (200) square feet are not obtrusive. 4. Granting the exception will not have a negative impact on the surrounding properties. The proposed signs will not be detrimental to, or have a negative effect on, surrounding properties in that the signs are compatible with the existing uses and improvements in the surrounding area in location, size, and fabrication. The proposed signs are compatible with the existing signs and the building design. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code. Resolution No. 3822 Page 3 The proposed sign does not hinder the public, health, safety, or welfare of the community and complements the aesthetics of the building and building site by using the same colors and design used for the other approved signs on-site. E. This project is Categorically Exempt pursuant to Section 15311, Class 11 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Sign Code Exception 01-002, authorizing one (1) additional illuminated, channel letter wall sign a total of twenty-five (25) square feet in area, to exceed the maximum of one (1) wall sign per street frontage for Tustin Acura located at 9 Auto Center Drive in the Tustin Auto Center, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of February, 2002. (?4/ ~ ,," / ,."/'./ -.,,", I'~S'LIE A. PONTff2)US  Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No.3822 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of February, 2002. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 (1) 1.7 EXHIBIT A SIGN CODE EXCEPTION 01-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3822 The proposed use shall substantially conform with the submitted plans for the project date stamped February 11, 2002, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with pdor to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Sign Code Exception 01-002 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution No. 3822 Exhibit A Page 2 PLAN SUBMITTAL (*) 2.1 Three (3) sets of construction level plans with necessary specifications, materials, colors, and details prepared in accordance with the Uniform Building Code, the Tustin Auto Center Master Sign Program, City Ordinances, and State and Federal laws and regulations shall be submitted for review and approval by the Community Development Department prior to installation of the sign. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. USE RESTRICTIONS (1) 3.1 The sign shall be maintained in a good condition and operating order. If the illumination of one or more of the letters become inoperable, the sign shall be turned off until appropriate repairs are made. FEES (C) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period, that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.