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Home My WebLink AboutCC RES 93-10 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 93-010A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S ACTION RELATED TO CONDITION 1.3 AND 1.5 OF PLANNING COMMISSION RESOLUTION 3111M; AND APPROVING CONSTRUCTION OF A NEW 30 FEET HIGH, 160 SQUARE FEET COPY AREA POLE SIGN AT TUSTIN HEIGHTS SHOPPING CENTER LOCATED AT 1076-1222 IRVINE BOULEVARD The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ae That a proper application requesting amendment to Conditional Use Permit 92-031 was filed ~y Musil Perkowitz Ruth, Inc. to deviate from Section 9408A and 9408E to allow two six feet high, 75 square feet copy area monument signs with one major tenant identification and center identification exceeding six square feet to be placed on each sign at two different locations; and to deviate from Tustin Sign Code Section 940462 to allow a new 30 feet high, 160 square feet copy area pole sign at the shopping center located at 1076-1222 Irvine Boulevard. A public hearing was duly called, ~oticed'and held for said application on January 11, 1993. The Planning Commission authorized the monument signs and denied the request for a 30 feet high pole sign by approving Resolution No. 3111M with conditions. Ce That a proper appeal has been filed by the RREEF Funds requesting that the City Council reverse the Planning Commission's adoption of Conditions 1.3 and 1.5 of Resolution No. 3111M. De That a public hearing was duly called and noticed for said appeal on February 16, 1993. That the City Council has reviewed the applicant's request to allow a 30 feet high, 160 square feet copy area pole sign and the applicant's request to appeal Condition 1.3 of Resolution No. 31]1M and finds that the proposed amendment to the master sign plan to allow construction of a 30 feet high, 160 square feet in copy area, pole sign to replace the existing 60 feet high pole sign on the site would not be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the general area nor will it be injurious or detrimental to the property or 2 ,3 4 Resolution No. 93-010A Page 2 general welfare of the C~ty of Tustin as evidenced by the following: 5 6 7 The proposed 30 feet high 160 square feet copy area pole sign provides effective business identification for the shopping center which is approximately 12.34 acres in area and has 113,694 square feet of leasable space. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,1 25 26 27 28 Only a portion of the proposed pole sign is actually 30 feet high. The majority of the sign is 27 feet high. The subject pole sign would replace an existing 60 feet high pole sign thereby reducing the non-conformity of the existing pole sign. The subject pole sign would provide more visible identification for the shopping center than the 20 feet high, 50 square feet copy area pole sign permitted by the Sign Code. The existence of the larger pole sign would lessen traffic hazards caused by persons in vehicles traveling the speed limit of 40 miles per hour along Irvine Boulevard who may be unable to locate the shopping center which is set back.an average of 265 feet from Irvine Boulevard and is screened by mature trees lining Irvine Boulevard. The subject pole sign would not be detrimental to the properties adjacent to the site as the pole sign would be located 350 feet from the nearest adjacent property to the west and about 730 feet from the nearest adjacent property to the east. The pole sign would be buffered from view of these adjacent properties by the existing mature trees along Irvine Boulevard. The mature street trees would also buffer the 30 feet high pole sign from the properties across Irvine Boulevard to the north. Granting a deviation from the Sign Code to permit a 30 feet high, 160 square feet of copy area pole sign would not set a precedent as the shopping center has a unique setting in that it has approximately 1,080 feet of street frontage that is curved and lined with mature street trees which limit visibility of the shopping center and the proposed site of the pole sign from Irvine Boulevard. 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1, Resolution No. 93-010A Page 3 Ee That the City Council has reviewed the applicant's request to appeal Condition 1.5 of Resolution No. 3111M and finds that the condition, as modified by the City Council, would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the general area nor would it be injurious or detrimental to the property or general welfare of the C~ty of Tustin. A deviation from Section 9408E, which limits tenant identification on a center identification monument sign to a maximum of six square feet, to allow tenant identification which exceeds six square feet of copy area for a single tenant only on each of the two center identification monument signs would enhance the safety and general welfare of the public by eliminating possible confusion and providing clear center identification. Fe That the establishment of the 30 feet high, 160 square feet copy area pole sign and the modification to the Master Sign Plan to allow one tenant identification on the two center identification monument signs to exceed six square feet in area would not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, providing that the existing non-conforming pole sign be brought into conformance with the sign code as evidenced by the findings stated above. Ge The project is categorically exempt from the California Environmental Quality Act, pursuant to Section 15311 (Class 11). II. The City Council hereby modifies the Planning Commission's action taken with Resolution No. 3111M, suspends Resolution No. 3111M, and approves one tenant identification on the two center identification monument signs to exceed six square feet in area and approves construction of a new 30 feet high, 160 square feet copy area pole sign at Tustin Heights Shopping Center located at 1076-1222 Irvine Boulevard subject to conditions contained in Exhibit A, attached hereto. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17 18~ 19 9.0 21 23 24 25 26 27 Resolution No. 93-010A Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 16th day of February, 1993. LESLIE ANNE PONTIOUS Mayor MARY E~ WYNN City Ct~rk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ss CERTIFICATION FOR RESOLUTION NO. 93-010A MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 93-010A was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 16TH day of February, 1993. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER:ABSENT: Pontiot,s, Pot. t:;, Puckctt, Saltare.l I i, Thom;. None None None GENERAL {1) (5) EXHIBIT A AMENDMENT TO CONDITIONAL USE PERMIT 92-031 CONDITIONS OF APPROVAL RESOLUTION NO. 93-010A 1.1 The 30 feet high, 160 square feet copy area pole sign and the two monument signs approved by this amendment to Conditional Use permit 92-031 shall substantially conform with the sign plans date stamped February 16, 1993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. Minor modifications at working drawings submittal may be submitted for review and approval by the Director of Community Development if found to be in substantial conformance with the date stamped plans on file with the Community Development Department. 1.Z (1) Ail conditions of approval of Planning Commission Resolution No. 3093, except Condition 1.8 shall remain in effect. Condition 1.8 shall be modified to read as follows: The existing, 60 feet high pole sign at Tustin Heights Shopping Center shall be removed within 120 days of the date of this resolution. No building permits for site modifications or center-wide facade renovations shall be issued prior to the removal of the existing, 60 feet high pole sign. Tenant improvements consisting of interior modifications, storefront modifications and business identification wall signs consistent with the Master Sign Program are exempt from this condition. The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of sign or building permits. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION REQUIREMENT CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY (8) MUNICIPAL CODE Resolution No. 93-010A Exhibit A Page 2 (i) 1.4 The deviation from Sign Code Section 9408E to allow a tenant and center identification sign to exceed six square feet on the two center identification monument signs is for a single tenant only. Only one shopping center tenant shall be allowed on each monument sign and such tenant identification shall exceed six square feet on each of the two center identification monument signs. (1) 1.5 The monument sign proposed to be located between the existing bank and restaurant shall be set back from the future proposed right-of-way line of Irvine Boulevard six (6) feet. (5) · .6 The center identification pole sign shall not exceed 27 feet in height, except the 8 feet diameter circular projection on top of the pole sign that may extend to a height not to exceed 30 feet. (1) 1.7 The center identification monument signs shall be located in landscaped areas with adequate planting material to screen the foundations of the monument signs. Landscaping shall be subject to the review and approval of the Community Development Department. (i) 1.8 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. PLAN SUBMITTAL (i) 2.1 At plan check, submit three (3) sets of construction plans and two sets of structural calculations prepared by a registered engineer for the pole sign and the monument signs. FEES (i) 3.1 All applicable plan check, sign, and building permit fees shall be paid to the Community Development Department prior to issuance of any sign permits.