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HomeMy WebLinkAboutPC RES 34161 RESOLUTION NO. 3416 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, CALIFORNIA, APPROVING SIGN CODE EXCEPTION 96-001, TO ALLOW THE INSTALLATION OF A SECONDARY WALL SIGN, WHICH IS 30 SQUARE FEET IN AREA AND 7.5 PERCENT OF THE SECONDARY WALL AREA, AT LARWIN SQUARE LOCATED AT 616 EAST FIRST STREET, TUSTIN. · The Planning Commission of the city of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows' ae That a proper application, Sign Code Exception 96-001, has been filed by Albert Torres, requesting.an exception from the City of Tustin .Sign Code Section 9408C2 to allow the installation of a secondary wall sign that exceeds the maximum allowable sign area ratio of 5 percent of the storefront area, and exceeds the maximum allowable sign area of 25 square feet. B · Pursuant to City of Tustin Sign Code Section 9405c, the request to deviate from Sign Code Section 9408C2 to install, a 30 square-foot sign, which is 7.5 percent of the secondary storefront area, can be supported by the following findings: · Siqn size and Dlacement restrictions of the Sign Code shall be as closely followed as practicable. The north side of the building in question consists of both the main entrances to single-frontage and corner shop spaces, and the rear service entrances of the- double- fronting tenants--all of which face First Street, a primary arterial pursuant to the General Plan. This lack of uniformity in the storefront pattern results in an uneven manner in which the square-footage regulations of the Sign Code applies. The only alternative the Sign Code can provide to ensure visual consistency along the sign band would be to allow for the primary signs to be reduced to five percent of their respective storefront areas; however, it would not be sensible, worthwhile or fair to impose such a limitation dictated by the four out of eleven tenants with frontage on First Street that do not use this frontage as their primary entrance. It would be more 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3416 Page 2 feasible, instead, to apply the standard for primary signs to all of the tenant frontages. ~ 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 intent of the Sign Code is to ensure that signs are compatible in design, type and color with their surroundings and the community as a whole, and to provide each sign user an opportunity for effective identification while at the same time limiting the number and area of signs permitted on a site. The proposed sign effectively identifies a business with frontage on a primary arterial, while maintaining the scale of the other tenant signs on the north side of the building in question. · There are special circumstances unique to the property to justify the exception. Special circumstances exist by virtue of the orientation of the subject building within Larwin Square. Most commercial storefronts are oriented toward a primary commercial street frontage or customer parking area (or both), with the rear of the buildings typically facing a common property line, or a local street that is not used to draw customer traffic. In this situation, the rear elevation of the tenant space in question'also faces a primary arterial from which access to the shopping center is taken. · Granting of the exception will not have a negative impact on surrounding properties. First Street and Newport Avenue are major commercial corridors with a variety of sign types. Within this context, the proposed increase in wall sign area will have virtually no impact whatsoever on the streetscape. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3416 Page 3 · 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. A building permit will. be required to ensure that the sign is installed in a safe manner. The sign will be in substantial compliance with the Larwin Square sign program to ensure a high level of design and manufacturing quality, and will thus promote the aesthetics of the community. Ce This project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant' to Section 15311 (Class 11) of the CEQA Guidelines. II. The Planning Commission hereby approves the request for an exception from the City of Tustin Sign Code Section 9408C2, to allow an increase in the maximum allowable primary wall sign to 30 square feet, 7.5 percent of the secondary wall area, on a commercial property at 616 East First Street, Tustin, subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular Planning Commission meeting on the 12th day of February, 1996. Recording Secretary Chairperson~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3416 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of February, 1996. · ~A~BARA REYES ~ Recording Secretary EXHIBIT A RESOLUTION 3416 CONDITIONS OF APPROVAL SIGN CODE EXCEPTION 96-001 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped February 12, 1996, on file with the Community Development Department 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 subsequent minor modifications to plans during sign design review/plan check if such modifications are determined consistent with the approved plans. (1) 1.2 Unless otherwise specified, all conditions in this exhibit shall'be complied with prior to issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project 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) 1.4 Approval of Sign Code Exception 96-001 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 developer shall hold and defend the City of Tustin harmless for all claims and liabilities out of City's approval of the entitlement process for this project. SOURCE CODES (~) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY ( 4 ) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Sign Code Exception 96-001 Resolution No. 3416 Page 2 SIGN RESTRICTIONS (5) 2.1 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (5) 2.2 Ail signs and their supporting structures shall be structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. PLAN SUBMITTAL (3) 3.1 At Building Plan Check, three (3) sets of construction plans, electrical details and structural calculations shall be submitted. FEES (1) 4.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable 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. ae 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 (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five 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.