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Home My WebLink AboutPC RES 33801 RESOLUTION NO. 3380 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 95-001, A REQUEST TO MODIFY AN EXISTING NONCONFORMING SIGN BY REDUCING THE OVERALL HEIGHT FROM 26 FEET TO 18~ FEET AND REPLACING THE EXISTING 114 SQUARE-FOOT CABINET WITH A 55 SQUARE-FOOT CABINET ON A COMMERCIAL PROPERTY AT 14152 NEWPORT AVENUE, TUSTIN. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That a proper application, Sign Code Exception 95-001, has been filed by Superior Electrical Advertising, Inc., requesting a Sign Code Exception from the City of Tustin Sign Code Section 9405e to authorize the following modifications to an existing nonconforming pole sign: · to reduce the overall height from 26 feet to 18½ feet; and · to replace an existing 114 square-foot sign face cabinet with a new 55 square,foot sign face cabinet. Be Pursuant to City of Tustin Sign Code Section 9405C, the request to modify the nonconforming sign on the subject property can be supported by the following findings: · Siqn size and placement restrictions of the Siqn Code shall be as closely followed as practicable in that Sign Code Section 9405e would permit the applicant to maintain the existing dimensions of 26 feet in overall height and 114 square feet of sign area per face; the requested sign modifications reduce the overall height of the existing pole sign to 18½ feet and reduce the sign area to 55 square feet per face bringing the sign into closer conformance with the Sign Code. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3380 Page 2 · · · 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 - Although the applicant is authorized to maintain 114 square feet of sign area on each face of the double-sided sign cabinet by simply replacing the face copy only, due to the unusual shape of the existing cabinet, the appearance of any copy other than for which it was designed (Pioneer Chicken logo) would be at odds with Sign Code Section 9401 (Purpose), which states the following objectives of the Sign Code: ae To maintain and enhance the quality of the City's appearance; and b· To ensure that signs are compatible in design, type and color with their surroundings and the community as a whole. The shape of the existing sign cabinet is so specific to the logo type for which it was designed, that virtually any re-face would have the appearance of a poorly designed or salvaged sign. The applicant's proposal does more to promote the stated purpose of the Sign Code than would the replacement of the existing sign faces. There are special circumstances unique to the property to justify the exception - Most of the City's cabinet-type signs have a rectangular or some other symmetrically, simple shape to them, which readily facilitate the replacement of face copy. The asymmetrical shape of the Pioneer Chicken sign cabinet creates a special circumstance in that it does not lend itself to any copy style other than the one that it was specifically designed for. Granting of the exception will not have a negative impact on surrounding prgperties - On the contrary, granting of the exception will have a beneficial effect on the surrounding properties by facilitating a reduction in height, and allowing a cabinet design that is an aesthetic improvement over the existing one. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3380 Page 3 · The siqQ...aRplication promotes the public health, safety, welfare and aesthetics of the community and that the qrantinq of the exception meets the findinqs and intent of the Siqn Code - When compared to the height, size and shape of the existing sign, the proposed alternative will be a benefit to the community. As provided in the foregoing findings, the proposal meets the intent of the Sign Code by. improving the aesthetics of the community. Ce This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15311 (Class · 1). II. The Planning Commission hereby approves the request to modify an existing nonconforming sign by reducing the overall height from 26 feet to 18½ feet and replacing the existing 114 square-foot cabinet with a 55 square- foot cabinet on a commercial property at 14152 Newport Avenue, Tustin, subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular Planning Commission meeting on the 28th day of August, 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. 3380 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of August, 1995. Recording Secretary EXHIBIT A RESOLUTION 3380 CONDITIONS OF APPROVAL SIGN CODE EXCEPTION 95-001 GENERAL (1) 1.1 The proposed project shall substantially conform to submitted plans date stamped August 28, 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 Sign'Code Exception approval shall become null and void unless a sign permit and building permit are issued for the monument sign and construction of the monument sign is completed within sixty (60) days of the date of this exhibit. Time extensions may be granted by the Director of Community Development if a written request is received by the Community Development Department within five (5) days prior to expiration. (1) 1.4 Approval of Sign Code Exception 95-001 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) 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 Exhibit A - Conditions of Approval Sign Code Exception 95-001 Resolution No. 3380 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.Z 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.~ 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.