Loading...
HomeMy WebLinkAboutPC RES 3686RESOLUTION NO. 3686 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 99-002(B) AND SIGN CODE EXCEPTION 99-001(B) TO AUTHORIZE THE CONSTRUCTION OF A FREESTANDING FREEWAY SIGN, FORTY-FIVE (45) FEET IN HEIGHT, WITH A FIFTY (50) SQUARE FOOT SIGN CABINET FOR A FUTURE FAST FOOD RESTAURANT LOCATED AT 13922 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: 8 I. 12 The Planning Commission finds and determines as follows: Ac That a proper application for Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(B) was filed by Kent Bickell of Consolidated Restaurants of California on behalf of the property owners to request authorization for construction of a freestanding freeway pole sign, forty-five (45) feet in height, with a 180 square foot sign cabinet on a vacant parcel located at 13922 Red Hill Avenue, more specifically described as Assessor's Parcel Nos. 500-021-02 and 500-021-04. ]4 20 B, C. Do That freestanding freeway signs are allowed for certain types of businesses with the approval of a Conditional Use Permit (TCC Section 9404(B)(3)) and a Sign Code Exception (TCC Section 9405(C)). That a public hearing was duly called, noticed and held for said application on July 12 and August 9, 1999 by the Planning Commission. That the establishment, maintenance and operation of a freeway pole sign will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 24 26 2? 28 . , . The proposed sign would be oriented for freeway identification for a business that provides services to freeway motorists as defined by the Tustin Sign Code. The proposed sign would be consistent with the sign area and location limitations for freeway signs as established by the Tustin Sign Code. The proposed freeway sign would not visually impact adjacent residential properties in that light and glare associated with the illumination of the pole sign would be directed away from nearby residential uses and would be further screened by existing buildings and landscaping. 13 ]4 17 ]8 ]9 20 2] 23 24 Resolution No. 3686 Page 2 E. Pursuant to Sign Code Section 9405c, the installation of a freestanding freeway sign forty-five (45) feet in height with a fifty (50) square foot sign cabinet can be supported by the following findings: 1, Sign size and placement restrictions of the Sign Code shall be closely followed as practicable. The area of the freeway sign would comply with the maximum area allowed by Tustin City Code Section 9404(B)(3)(c), which is fifty (50) square feet of area. The increased height of forty-five (45) feet is the minimum height to allow for visibility above the adjacent elevated freeway improvements and sound walls at a sufficient distance for drivers on the I-5 Freeway to make a decision to exit at Red Hill Avenue. The sign would be installed along the eastern edge of the property, adjacent to freeway right-of-way and outside of a visual clearance area. 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. The Sign Code provides for freeway pole signs for freeway oriented businesses such as fast food restaurants. Given the proximity of the site to an elevated portion of the I-5 Freeway, the pole sign height is consistent with the intent to provide freeway visibility in that forty-five (45) feet is the minimum height necessary to provide visibility to drivers on the freeway. If modified, a fifty (50) square foot sign area would be consistent with the intent of Section 9404(B)(3)(c). 1 There are special circumstances unique to the property to justify the exception. The project site is roughly triangular in shape, and is bounded on two sides by public streets and on the third side by an elevated section of the I-5 Freeway. A forty-five (45) foot tall sign would provide visibility given the property's proximity to elevated portions of the I-5 Freeway and soundwalls. There are no special circumstances related to the property that would justify a deviation from the maximum sign area of fifty (50) square feet allowed by the Tustin Sign Code. A cabinet f'~ty (50) square feet in area would be visible above the elevated freeway and soundwalls at a sufficient distance for a driver on the I-5 Feeway to make a decision to exit onto Red Hill Avenue. 1 Granting of the sign exception will not have a negative impact on surrounding properties. The proposed sign would not be detrimental to, or have a negative effect on, surrounding properties in that the sign is compatible with uses in the surrounding area in location, size, and fabrication. The proposed freeway sign would complement the architecture of the restaurant and is directed away from adjacent residential properties. I0 17 20 22 23 24 25 26 ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3686 Page 3 Se The sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of the Sign Code. The proposed sign would provide adequate visibility to motorists on the I-5 Santa Ana freeway to allow for safe movement for potential customers, yet not contribute to excessive signage in the area. F. That this project is categorically exempt pursuant to Class 11, Section 15311 of the California Environmental Quality Act. II. The Planning Commission hereby approves CUP 99-002(B) and Sign Code Exception 99-001(B) to authorize the construction of a freestanding freeway pole sign forty-five (45) feet in height with a fifty (50) square cabinet for a future fast food restaurant to be located at 13922 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of August, 1999. ~TE~ OZAK Chairperson 'EEIZABETH 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 Planning Commission of the City of Tustin, California; that Resolution No. 3686 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of August, 1999. (1) (1) EXHIBIT A CONDITIONAL USE PERMIT 99-002(B) AND SIGN CODE EXCEPTION 99-001(B) CONDITIONS OF APPROVAL RESOLUTION NO. 3686 GENERAL 1.1 The proposed signs shall substantially conform with the submitted plans for the project date stamped August 9, 1999, 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 to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 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. 1.4 Approval of Conditional Use Permit 99-002(B) and Sign Code Exception 99- 001(B) is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.5 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. 1.6 All signage shall be maintained in proper operating order at all times. If the City becomes aware of any lighting or signage that is not operable, the applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City. In the event a sign is partially inoperable, the entire sign shall not be illuminated until such repairs are completed. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (s) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Cup 99-002(B) and SCE 99-001(B) Page 2 Authorization for the freestanding freeway sign is contingent upon the use of the subject property remaining a fast food restaurant. Should this use be changed or discontinued, the property owner shall obtain approval of an amendment to Conditional Use Permit 99-002(B) for a new use of the sign. SIGNS 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code and the National Electrical Code as adopted by the City (including UL approvals). (1) 2.2 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. (4) 2,3 The existing sixty-five (65) foot tall dual pylon structures shall be removed from the site. (5) 2.4 All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. (5) 2.5 Aerial signs, animated signs, audible signs, beacons, festoons, flashing or moving signs, light bulb strings, roof mounted signs, and projecting signs shall be prohibited pursuant to Tustin City Sign Code. PLAN SUBMITTAL The sign plan shall be modified to illustrate a freestanding freeway pole sign forty-five (45) feet in height with a maximum sign cabinet area of fifty (50) square feet. (5) 3.2 Three (3) sets of construction level plans with necessary specifications, and details prepared in accordance with the Uniform Building Code, and other related Codes, City Ordinances, and state and federal laws and regulations shall be submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. Exhibit A - Conditions of Approval Cup 99-002(B) and SCE 99-001(B) Page 3 FEES (1) 4.1 Prior to issuance of any building permits, all payments shall be made of all applicable fees including the building division and sign permit fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A) Building plan check and permit fees to the Community Development Department based on the most current schedule. (.1) 4.2 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 $38.00 (thirty eight 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.