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HomeMy WebLinkAboutPC RES 336110 11 12 13 14 15 NO. 3361 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 95-007 AND SIGN CODE EXCEPTION 95-004 TO ALLOW CONSTRUCTION OF A FREEWAY POLE SIGN 45 FEET IN HEIGHT AND 48 SQUARE FEET IN AREA ON TIlE PROPERTY LOCATED AT 14042 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows- That proper applications for Conditional Use Permit 95-007 and Sign Code Exception 95-004 were filed by Fancher Development Services, Inc. requesting approval of a freeway pole sign on the property located at 14042 Red Hill Avenue..- Be A freestanding freeway pole sign would be allowed on the subject property in conjunction with the previously approved use with the approval of a Conditional Use Permit pursuant to City Code Section 940463. 20 21 22 27 28 C. That a public hearing was duly called, noticed and held on said applications on May 22, 1995 by the Planning Commission, and continued to June 12, 1995. That establishment, maintenance, and operation of a freeway pole sign would not, under the circumstances of this case, be detrimental tc the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: . The proposed freeway pole sign would be oriented for freeway identification for a business that provides services to freeway motorists as defined by the City Code. The proposed freeway sign would be consistent with the sign area and location limitations for freeway pole signs as established by the City Code. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3361 Page 2 Ee e The proposed freeway sign would not visually impact adjacent commercial properties in that the freeway pole sign would be partially screened by the proposed building and is situated parallel to Red Hill Avenue so that the side of the sign (the narrow portion) would only be partially visible from Red Hill Avenue. That the establishment, maintenance and operation of the proposed freeway pole sign would not be injurious or. detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as stated in Section I.D above. Pursuant to City of Tustin Sign Code Section 9204C, the request can be supported by the following findings: Siqn size and placement restrictions of the Siqn Code shall be followed as closely as practicable; A 24 foot tall pole sign would not be visible from the freeway and would defeat the purpose of having a freeway oriented sign. Due to the height of the freeway overpass above Red Hill Avenue and the height of the sound walls along the edge of the freeway, the 24 foot tall sign would not be visible from the freeway and would only add sign clutter to the Red Hill Avenue corridor. Based upon the view analysis, the minimum height of the sign which can be viewed from the freeway is 40 feet. The intent and purpose of the siqn regulations of the land use zone in which the siqn is located shall be followed as closely as practicable; The purpose of the freeway pole sign is to provide business identification to the freeway motorist. The proposed sign at 45 feet in height meets the intent and purpose of the sign regulations as closely as practical. The proposed signs would maintain the City's appearance by avoiding sign clutter, effectively identifying the business, name and services and maintaining the visibility and effectiveness of on-premise signs. 10 11 12 13 14 15 16 ~7 18 19 2O 21 22 23 24 25 26 27 28 Resolution Page 3 · There are special circumstances unique to the property which justify the Except, ionl There are special circumstances unique to the property which justify the request to deviate from the height restrictions. The design and placement of the freeway overpass and sound walls hinder the applicant's ability to meet the specific requirements of the Sign Code and effectively provide identification from the freeway. Granting of the Exception will not have a neqative impact on surrounding properties; Granting. of the exception for height of sign will not have a negative impact on the surrounding properties. The exception would allow the installation of freeway business identification signs that are visible. The sign is consistent with the height of existing signs on adjacent properties and therefore will not negatively impact the surrounding area. The sign meets the location and size restrictions of the Code and will not have a significant negative effect because it is 21 feet taller than permitted by the Code. The sign is appropriate to the type of activity on the site and will not contribute to sign clutter. The purpose for establishing a sign height limit was to minimize sign clutter and prevent signs from towering over the freeway. The siqn application promotes the public health, safety, welfare and aesthetics of the community and that the qrantinq of the exception meets the findings and intent of this chapter (Sign Code). The proposed Sign Code Exception from the height limits for freeway signs promotes the public health, safety, welfare and aesthetics of the community. The proposal would permit the sign to be visible from the freeway, thereby permitting the sign to effectively communicate information to the freeway motorist. There is adequate separation between this proposed sign and the adjacent freestanding sign on the adjacent parcel. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3361 Page 4 G · 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 or has been conditioned to be consistent with the Air Quality Sub-Element. II. The Planning Commission hereby approves Conditional Use Permit 95-007 and Sign Code Exception 95-004 allowing construction of a freeway pole s/.gn 45 feet in height and 48 square feet in area on the property located at 14042 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Conunission, held on the 12th day of June, 1995. Chairman BARBARA REYES Secretary 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. 3361 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 1995. BARBARA REY ES Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-007 AND SIGN CODE EXCEPTION 95-004 CONDITIONS OF APPROVAL RESOLUTION NO. 3361 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped June 12, 1995, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the plans if such modifications are determined to be consistent with the approved plans. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit and Sign Code Exception approval shall become null and void unless all building permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. (1) 1.4 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arisinc out of the City's approval of the entin!ement process for this project. SOURCE CODES (1) STA1N-DARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFOR/~ BUILDING CODE/S (6) LAS~SCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A - Conditions of Approval Resolution No. 336] CUP 95-007 and SCE 95-004 Page 2 PLAN SUBMITTAL 2.1 At building plan check the applicant shall submit construction plans and structural calculations, and all other requirements of the Uniform Building Codes. FEES (1) 3.1 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 with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty eight hour (48) period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void. (5) 3.2 Prior to issuance of any building permits, payment shall be made of all required fees, including but not limited to those identified below. Payment will be required based upon those rates in effect at the time of payment and are subject to change: Ail applicable plan check and permi~ fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance.