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Home My WebLink AboutPC RES 340710 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 3407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SIGN CODE EXCEPTION 95-008, TO ALLOW THE INSTALLATION OF A WALL SIGN 108.75 IN AREA AT LARWIN SQUARE LOCATED AT 502B EAST FIRST STREET, TUSTIN. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: ae That a proper application, Sign Code Exception 95-008, has been filed by Lux Industries, Inc., requesting an exception from the City of Tustin Sign Code Section 9408B2 to allow an increase in the maximum allowable primary wall sign area from 75 square feet to 108.75 square feet for the retail tenant identified as Super Trak Warehouse. Be Pursuant to City of Tustin Sign Code Section 9405C,° the request to deviate from Sign Code Section 9408B2 to install a 108.75 square-foot primary wall sign can be supported by the following findings: · Sign size and placement restrictions of the Siqn Code shall be as closely followed as practicable. The Sign Code allows primary wall signs within centers to be 15 percent of the storefront area, with a maximum allowable area of 75 square feet. The proposed sign meets the first condition, at only 10.7 percent of the' storefront area, but exceeds the maximum allowable area by 33.75 square feet. It would not be practicable to limit the size of the proposed sign to 75 square feet because such a sign would either place the tenant identity out of scale with the other major tenants in the center, or require a text style different from that used as the tenant's licensed trademark. 28 · 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3407 Page 2 · , The intent and purpose of the siqn 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 Super Trak Warehouse as a major tenant, while maintaining the scale of the other major tenant signs in the center. There are special'circumstances uniaue to the property to justify the exception. The subject property is developed as a major community shopping center with a unique mix of tenants, wherein special needs will occasionally arise that go beyond the scope of the standardized Sign Code regulations. ~ Granting of the exception will not have a ~egative impact on surroundinq D~operties. The sign will not negatively impact surrounding properties in that its visibility beyond the interior of the center would be extremely limited. The facade on which the sign is proposed is approximately 620 feet from Newport Avenue right-of-way line, and much of the storefront is blocked by other buildings within the center. Visibility from First Street is also severely obstructed by the center's in-line tenants, creating a narrow line of sight that allows only a brief glimpse of the sign, which is oriented perpendicularly to that street frontage. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3407 Page 3 · The sign application promotes the public health, safety, welfare and aesthetics of the community and that the grantinq of the exception meets the findinqs and intent of the Siqn 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. C. This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15311 (Class ii). II. The Planning Commission hereby approves the request for an exception from the City of Tustin Sign Code Section 9408B2 to allow an increase in the maximum allowable primary wall sign to 108.75 square feet on a commercial property at 502B East First Street, Tustin, subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular Planning Commission meeting on the 13th day of November, 1995. 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. 3407 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 1995. ~BARBARA REYES (/ Recording Secretary EXHIBIT A RESOLUTION 3407 CONDITIONS OF APPROVAL SIGN CODE EXCEPTION 95-008 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped November 13, 1995, 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 shal.1 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 95-008 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) 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 (1) 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 Exhibi' A - CondiTions of Approval Sign Code Exception 95-008 Resolution No. 3407 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. PLA/~ SUBMITTAL (3) 3.1 An Building Plan Check, three (3) sets of construction plans, electrical de.tails and structural calculations shall be submitted. FEES (i) 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. A o Building plan check and permit fees to the Community Development Department based on the most current schedule. (!) 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 5he COUNTY CLERK in the amount of $25.00 (twenty-five .. dollars) to enable the City to file the appropriaue environmental documentation ~or the projecT. If within such forty-eight (48) hour period 5hat applicant has not delivered to the Community Development Department the above-noted check, the snatute of limitations for any interested par~y to challenge the environmental de-ermination under the provisions of the California Environmental Quality Act could be significantly lengthened.