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HomeMy WebLinkAboutPC RES 3569! RESOLUTION NO. 3569 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING SIGN CODE EXCEPTION 97-002 AUTHORIZING INSTALLATION OF A SECONDARY WALL MOUNTED SIGN SIXTY EIGHT (68) SQUARE FEET IN AREA AND A SINGLE BAND OF EXPOSED NEON TUBING TO OUTLINE THE PARAPET ELEMENTS WHERE SIGNS WOULD BE INSTALLED ON THE PROPERTY LOCATED AT 1222 IRVINE BOULEVARD. 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 97-002, was filed by California Star Restaurants, requesting approval to install a secondary wall mounted sign sixty eight (68) square feet; exceeding the allowable area for the secondary sign by forty three (43) square feet and a band of exposed neon around the perimeter of building parapets where signs would be installed for the property located at 1222 Irvine Boulevard. iB. That the proposed exposed neon channel letters and tubing around the building parapets is allowed with approval by the Planning Commission pursuant to Tustin City Code Section 9404c2. C. Pursuant to Sign Code Section 9405c, the request to install the additional sign copy can be supported by the following findings: I · Sign size and placement restrictions of the Sign Code shall be closely followed as practicable. The total area of the proposed signs exceed the total allowable area for a primary and two secondary signs by eleven (11) square feet. The increased area would make the secondary sign consistent with the primary sign in size and design. Both signs would be installed on parapets of the same size complementing the design of the restaurant building. · The intent and purpose of the sign regulations of the lands use zone in which the sign is to be located shall be followed as closely as practicable. !0 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3569 Page 2 The proposed signs will appear in scale with the project and are compatible with other signs within the center in size and color. · There are special circumstances unique to the property to justify the exception. Consistent with the purpose of the Sign Code, the proposed secondary sign would create better visibility eliminating the need for another secondary sign and a monument sign for the restaurant as authorized for the previous tenant. · Granting of the exception will not have a negative impact on surrounding properties. The proposed sign will not be detrimental to, or have a negative effect on, surrounding properties in that the signs is compatible with uses in the surrounding area in location, size, and fabrication. The proposed sign complements the existing signs and architecture of the center and is directed away from the residential properties. · 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 improve the aesthetics of the center in that the sign is designed to be an integral component of the building architecture. D o The exposed neon is designed to enhance the architectural elements of the building and will not impact residential properties. E , That 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. II. The Planning Commission hereby approves Sign Code Exception 97-002 authorizing installation of a secondary wall mounted sign sixty eight (68) square feet in area; exposed neon channel letters and an exposed neon strand around the perimeter of the building parapets on the property located at 1222 Irvine Boulevard, subject to the conditions contained in Exhibit A, attached hereto. 5 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 3569 Page 3 PASSED AND ADOPTED by the ?lanning Commission of the City of Tustin, at a regular meeting on the 8th day of December, 1997. ELIZABETH A. BINSACK Planning Commission Secretary HO~~ ~. ~q~I~N Chairman 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. 3569 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 1997. ELIZABETH A. BINSACK Planning Commission Secretary (i) (i) (i) (i) (i) EXHIBIT A SIGN CODE EXCEPTION 97-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3569 GENERAL 1.1 The proposed signs shall substantially conform wi'th the submitted plans for the project date stamped December 8, 1997, 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 Sign Code Exception 97-002 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 The exposed neon signs shall be maintained in proper operating order at all times. If the City becomes aware of any neon lighting or signs which are not operable, the applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/.CC POLICY Exhibit A - Conditions of Approval Resolution No. 3569 Page 2 PLAN SUBMITTAL (4) 2.1 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. FEES (!) 3.1 Prior to issuance of any building permits, all payments shall be made of all applicable fees including the building division and sign permit fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (!) 3.2 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.