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RESOLUTION NO. 3169
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-017
AUTHORIZING THE INSTALLATION OF A MENU BOARD SIGN
AT THE EXISTING DRIVE-THROUGH RESTAURANT LOCATED AT
14510 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ao
That a proper application, Conditional Use Permit
93-017, has been filed by George Castro requesting
authorization to install a menu board sign at the
existing drive-through restaurant located at 14510
Newport Avenue.
Bo
A public hearing was duly noticed, called and held
for said application on August 9, 1993 by the
Planning Commission.
Ce
That the establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to the
health, safety, morals, comfort, or general welfare
of the persons residing or working in the
neighborhood of such proposed use, nor be injurious
or detrimental to the property and improvements in
the neighborhood of the subject property, or to the
general welfare of the City of Tustin as evidenced
by the following:
·
The proposed menu board is of an appropriate
size and design, ensuring protection of the
general welfare of the City. Additionally,
conditions of approval relating to required
landscaping, graffiti removal, animation and
noise have been included to ensure that the
proposed menu board is not detrimental to the
property and improvements in the neighborhood
of the subject property.
·
The project will not require the alteration of
surrounding properties or the construction of
any off-site improvements that would impact
surrounding properties.
·
The stacking distance of six vehicles behind
the menu board is considered adequate and the
total length of the existing drive-through
aisle is unchanged by this proposal. In
addition, the efficiency of service is
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Resolution No. 3169
Page 2
expected to improve with the utilization of
the menu board. Therefore, it is unlikely
that vehicular circulation at the access
location on Walnut Avenue will be impeded.
·
The use will not create a noise nuisance as
the proposed loudspeaker shall conform to the
City's Noise Ordinance and shall be designed
so as not to impact adjacent commercial
properties.
D ·
This project, an on-premises sign, has been
determined to be Categorically Exempt (Class 11)
pursuant to Section 15311 of the California
Environmental Quality Act.
II. The Planning Commission hereby approves Conditional Use
Permit 93-017 authorizing the installation of a menu
board sign at the existing drive-through restaurant
located at 14510 Newport Avenue, subject to the
conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 9th day of August, 1993.
KATHLEEN CLANCY ~
Secretary
Cha irpe~son
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3169 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 9th day of August, 1993.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 93-017
CONDITIONS OF APPROVAL
RESOLUTION NO. 3169
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped August 9,
1993, 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 Conditional Use Permit approval shall become null and
void unless all permits are issued within twelve (12)
months of the date of this Exhibit.
(1) 1.4 Approval of Conditional Use Permit 93-017 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the Director
of Community Development.
(1) 1.5 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
City's approval of the entitlement process for this
project.
PLAN SUBMITTAL
(3) 2.1 Structural calculations shall be submitted to the
Building Division before a building permit is issued.
(3) 2.2 Electrical lighting and components shall be U.L. listed
for the proposed assembly.
SITE AND BUILDING CONDITIONS
(4) 3.1 The landscaping in the planter surrounding the menu board
shall be maintained free of weeds and in a healthy
condition.
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 - CUP 93-017
Conditions of Approval
Resolution' No. 3169
Page 2
(4) 3.2 The planting of ground cover and shrubs is required in
the landscaped planter around the base of the sign.
Shrubs shall be a minimum size of five (5) gallons and
spaced a maximum five (5) feet on center. Ground cover
shall be spaced in a triangular pattern 8 to 12 inches on
center.
(1) 3.3 Ail graffiti shall be removed within 72 hours of a
complaint being transmitted by the City to the property
owner. Failure to maintain said structure and adjacent
facilities will be grounds for City enforcement of its
Property Maintenance Ordinance, including nuisance
abatement procedures.
(4) 3.4 No sign component shall flash, blink, or be otherwise
animated. Such animation is strictly prohibited.
·
(4) 3.5 Intercom speech box and equipment shall be located and be
consistent with the City's Noise Ordinance to the
satisfaction of the Community Development Department so
that no noise is directed toward adjoining businesses or
properties.
(3) 3.6 The menu board must meet all Uniform Building Code
requirements.
FEES
(1) 4.~ Prior to the issuance of any building permits, payment
shall be made of all applicable sign design review and
building plan check and permit fees to the Community
Development Department
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