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Home My WebLink AboutPC RES 3360RESOLUTION NO. 3360 10 11 12 13 14 16 - C 2C' A - 22 23 24 2~ 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 95-012 APPROVING A FACADE REMODEL WITH EXPOSED NEON AND SIGN CODE EXCEPTION 95-003 THE RELOCATION OF ONE ROOF MOUNTED CABINET SIGN AT AN EXISTING RESTAURANT LOCATED AT 14002 NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows- I. The Planning Commission finds and determines as follows: A. That proper applications, for Design Review 9S-012, and Sign Code Exception 95-003 have been filed by Foodmaker, Inc. requesting authorization for a facade remodel with exposed neon and roof mounted sign relocation at an existing restaurant located at 14001 Newport Avenue B · Pursuant to the City Code Section 9404(c) (2), the Planning Commission shall review all requests for exposed neon, and Section 9405C of the Sign Code. C o Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the a~chitectura! features and general appearance of the proposed facade remodel and exposed neon will not impair ~he order!v and harmonious development of %he area the D~osent or future development there~, or the occupancy as a who e. ~ makinc~ such =:ncings, :he ~'±-..ninc=~ ~ _ ~mmis~.. ~.a~ considered~=z lea=~ "~ =cllowinc ~-~m=-_ _ . Exteri~_ mate~a±= ..... and ~.Zors. Tx,~e and ~-ck cf roofs. Locazion, heichz and szandards cf ex:er~ -- Re~--ionshi~, oi ~ -~ e>:~snin~ _= ~ oDosed structures ,~ · ad~acen- use= ~ . Appea-ance and design relationship cf proposed structures to existinc structures and Doss~kle _ . future structures ~ the neichborhood. Development guidelines and criteria as adopted by the City Counci' . 10 11 12 !3 14 15 16 ~7 2O 22 23 24 25 26~ 27 28 Page 2 !i Pursuant to City of Tustin Sicn Code Section ~.05(C)' 5, the Planning Commission must make the following f i~.dings to approve the request to relocate the existing sign. Sign size and placement restrictions of the Sign Code will be followed as closely as practicable in that the existing cabinet sign's overall sign area, size, and height will not change. The proposed location of the sign is similar to its existing roof location and will not result in the increase of the number of signs onsite or significantly alter the overall sign concept for the restaurant. o The intent and purpose of the sign regulations have been followed as closely as practicable in that with the proposed cabinet sign relocation the restaurant retains opportunity for effective identification while at the same time meeting the remaining sign regulations. . There are special circumstances unique to the property which justifies the Exception in that the visibility of the restaurant's south elevation cabinet sign to northbound Newport Avenue t~f= ~ - zic is ~imited by the presence of the Santa A_na Freeway, prohibiting a beneficial line of sight. The proposed relocation will offer better line of site to E1Camino Real and freeway Grantinc cf the Exception wi~. ! not have a neca.~ive impact on surrounding proper-~es in .~ha~ ~he propos~ relocated cab-'_ne~ _=~cn __~. = a -~x~.i~a~ _ in~erna-_,t~' ~ ~ !uminated comme~= a_ sicr. si...i ar -~ cnher e~[~s-inc in-~erna!!v - ~'_~ Zumln-5ed~= _=icns_ in ~¼~.._ surround!nc_ =-re-=. Addi~ionall -he adfiacen- commerc~a! propert'_,- -o the eas- is vacant. The sign applicanion Dromotes nhe pub' ~ '~a~-~, safety, we!=are and aes-hetics c-' -he commun~ tx' and that the cran-inc of the Exception meens -he =indlncs and intent o: -¼= c~.gn Code· Addi-~opna!i':', the proposed sign is existing and == being relocated tca sim~!ar ioca%ion and wi~ be reviewed durinc Dia~ check = -~ - _ . .. :or comp!~ance with ~he uni=orm, bui!dinc code to ensure :~= the re]oca-ion wi~ not resu~- ~ a safety ha--r' That ~his project has been determined to be Categorically Exempt (Class ' ~ pursuant ~o Sec%ion !~30~ c~ %he Ca~i=ornia Environmen~a! Quaiitv Act. 10 il 12 13 .~, uui Ko. 23C. 0 Pa~e 5 TT The Planning Commission hereby approves Design Review 95-012 and Sign Code Exception 95-00~ at an existing restaurant located at 14001 Newport Avenue, subject to all conditions contained in the attached resolution of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1995. Secretary -' ]' STATE OF CA~L!FORNiA ) - ~ I. -6 - C COUNTY OF O?J~GE ~ CiTY OF TUSTiN ) 22 24 25 26 ~.~./BAKER .~hairperson - - ig _, mA~,SAS~. REYES, the unders ned, here?..' -~-~=~' nh= Recordlxu Se~=~arx' cf uhe._=~nxixc 2omm~=~^~___~ ^~ -he ~'-'...' -- - . · ?us-~- ~-- ~isrnia- -ban Reso~,,-~- Kc 236C was s'-~v pa=sed anz ado~ed a- a recuia~ meetinc of zhe Tus-~- ?ianninc Comm ~ CFi , held on nhe £2nd da}, of Max', B L~B A_9_A REYES O Aecordinc Sec~enarv 27]. EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3360 MAY 22, 1995 GENERAL (i) 1.1 The proposed project shall substansial!y conform with the submitted plans for the project date stamped May 22, 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. (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 Design Review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 Any public improvements damaged by the applicant adjacent to this properly shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to, curb and gutter, street paving and drive apron. (i) 1.5 Ail construction shal~ ~ be in accordance with the UBC and applicable City Codes. 1.6 Approval of Design Review 95-C'12, and Sign Code excepnicn S5-002 is con-ingent upon -.he applicant signing and ~-urninc an "Acreemen~ -c Condi-icns lmoos~'' form, as e~=--~ ~shec by -%=.. ~. ~-~ ~=. Communi-~,· _~-,~v~__opment. ,.7 m~ aD~!ican~ and DroDer-_v owne~ shall hold harmless and defen~ -he C~nv c= Tuss~'~. -~~ =-'~ claims and !lab~-~=~ ~-ri_i~c~ ~ ou~ ~= -he C~v'_~ aD, rs''=~ of -he ent~-iemen~ SOURCE CODES (i) STAND~ COA~DITION (5) RESPONSIBLE AGENCY REQUIREMEA~ (2) CEQA MITIGATION (6) LAA~DSCAPING GUIDELINES (3) UNIFOR/Z~ BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW * * * EXCEPTION Conditions or Ae~)rova! Resolution No. 3360 Pace 2 PLAN SUBMITTAL (1) 2.1 At building permit plan check, submit three (3) complete sets of construction plans and two (2) sets of calculations. Requirements of the Uniform Building Code and state handicap requirements shall be complied with as approved by the Building Official. Ail construction shall be in accordance with the 1991 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (4) 2.2 Two (2) sets of plans for the proposed cabinet sign plex face changes shall be submitted to the Community Development Department for separate sign design review approval prior to sign permit issuance. USE RESTRICTIONS (4) 3.1 The restaurant seating shall at no time exceed 60 seats, unless additional parking becomes available and said change is submitted to the Community Development Department= Xor review. A seating plan shall'be submitted at buildinc ~!an check = . the _ ~or review and approval by Community Development Department. SITE CONDITIONS .... e>:zericr c ...... aha exposed neon =m= 3. m= desicned - -- -- d ' dire ' adlacen~ properties, includinc %he adJace~- s-ree-s. ~-~ ~-~ be direcned ~,=__ moun%ed =i>:5ures s.,=__ -- = .0 decree ancie direc%'v %owa~d the cround. Exhibit A Conditions of ADurova] Resolution No. 336C Page 3 FEES (1) S.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 (48) hour 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. In addition, should .the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department within forty eight (48) hours of notification, a cashier's check payable to the County Clerk in the amount of $850 (eicht hundred =~= ' ~ ~ ~~tv ao±lars) it an EIR was_prepared or S~_,250 (twelve_ hundred fi=_~ty do!~_ars) i== ~ Necative Decl=ration was prep=red. ~__ tn~s fee m~ imposed, the subject project shall no' be omerative, yes-ed or =~na! unless and until the fe~ ~= ~aid. 5.£ P'ax~,enn cJ a-' =~'=idinc D'a~ chez>: anx ~= .... =ees sba=- be mame ~c _n= _~mmu .... ~ Deve opme-- Demarnment crior ~ ~¼~ ~=suance cf any building Detrains in accordance wink the Tustin ~-',' Code.