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HomeMy WebLinkAboutPC RES 353110 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3531 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL REAFFIRM ITS APPROVAL OF CONDITIONAL USE PERMIT 90-1, AUTHORIZING THE INSTALLATION OF A DOUBLE-FACED FREEWAY POLE SIGN 35 FEET IN HEIGHT AND 50 SQUARE FEET IN AREA PER SIGN FACE ON THE PROPERTY LOCATED AT 14041 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: ao That on June 18, 1990, the City Council adopted Resolution No. 90-52 approving Conditional Use Permit 90-1, authorizing the installation of a double-faced freeway pole sign 35 feet in' height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject to the following condition (Condition II.E): Prior to issuance of a building permit for the sign, the applicant and owner(s) of the subject property shall enter into an agreement with the City in which they agree to reduce the height of the sign as to a height determined by recommendat ion of the Planning Commission and to the City Council (but to a height of not less than twenty four feet) after completion of freeway widening improvements have been made to the south side of I-5 Freeway adjacent to the subject property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land .supported by a surety bond for a period of not longer than five (5) years, each to be in form and content satisfactory to the City Attorney. 10 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3531 Page 2 B . C o m o m o That the applicant and property owners agreed to future reconsideration of the approved sign height as evidenced by the signing of an agreement and the posting of a surety bond prior to the issuance of a building permit for the sign on February 21, 1991. That, according to Caltrans, said freeway improvements were completed on June 7, 1996, and the City commenced reconsideration of Conditional Use Permit 90-1 on July 1, 1996. That a public hearing was duly called, noticed and held on said reconsideration on July 28, 1997 by the Planning Commission. That the sign should be allowed to remain at the height, configuration and location originally approved by the City Council on June 18, 1990 based upon the following findings: o The freeway improvements referenced in City Council Resolution No. 90-52 have not increased the visibility of the sign in a manner that would render the height of thirty five (35) feet above grade excessive. Hence, the sign poses no greater visual impact to the community as a result of the completion of the I-5 widening project than it had prior to the commencement of the freeway improvements. o Lowering the sign will slightly reduce the level of exposure to passing freeway traffic which is used to provide future reference, not impulse business. The sign is visible upon approaching the subject property to provide advertisement for future business, but is slightly obstructed by a raised freeway median. Lowering the sign would further obstruct its visibility. . Raising the sign will not benefit the subject business due to the intervening visual obstructions created by said recent freeway improvements. The entrance to the Newport Avenue offramp is located approximately 7/10ths of a mile from the subject property. In this vicinity, the visibility of the sign is completely obstructed by the flyovers 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3531 Page 3 connecting the I-5 to the Newport (SR-55) Freeway. Due to the distance of the sign to the offramp entrance, and the varying heights and curvatures of the overpasses, no sign, regardless of height, could attract impulse business from this location. Moreover, although the sign is slightly obstructed from view along certain points in a northbound direction on the I-5 freeway, there is no offramp to Newport Avenue from the northbound lanes of the I-5 to facilitate impulse business, so the visibility of the sign is adequate to provide' reference for future business. II. The Planning Commission hereby recommends that the City Council reaffirm its approval of Conditional Use Permit 90-1 authorizing the installation of a double-faced freeway pole' sign 35 feet in height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject to the conditions contained in Resolution No. 90- 52, noting that Condition II.E of said Resolution is hereby satisfied. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th , 1997. ~THY~TIN Recording Secretary S~ATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3531 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of July, 1997. Recor~g Secretary