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HomeMy WebLinkAboutPC RES 3169 4 5 6 ! 9 ~0 ~5 ~7 ~19 ~0 ~5 26 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 1 2 3 4 5 6 8 9 10 1'1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 SCR: br