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RESOLUTION NO. 2861
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA APPROVING A PORTION
OF VARIANCE 90-13, AUTHORIZING THE EXCHANGE OF
THE SIGN DEVELOPMENT STANDARDS OF ALLOWABLE
SIGNAGE FROM THE FRONT ELEVATION TO THE REAR
ELEVATION SUBJECT TO CONDITIONS; AND DENYING
THE PORTION OF OFF-PREMISE SIGNAGE OF THE
VARIANCE REQUEST AT 14051 AND 14061 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 a proPer application Variance 90-13 has
been filed on behalf of CMS Development,
requesting approval to exchange the stipulated
development standards of allowable signage
from the front elevation to the rear elevation
and to provide for business identification
signage at the rear elevation for businesses
occupying tenant spaces in the front and side
of the building.
Be
That a public hearing was duly called, noticed
and held for said application on January 14,
1991.
Ce
That the Planning Commission has reviewed the
request for reversing the stipulated
development standards of allowable signage
from the front elevation to the rear elevation
and can be supported by the following
findings:
·
There are unusual or exceptional
circumstances applicable to the size,
shape, topography, location or intended
use of the subject property which do not
necessarily apply to other properties in
the same zoning district in that the
subject site has very little street
frontage and is irregularly shaped.
·
Granting of the variance to exchange the
development standards for allowable
signage would not convey a special
privilege to the property owner which is
not enjoyed by other property owners in
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Resolution No. 2861
Page 2
Do
the vicinity because the maximum
allowable signage has not been exceeded.
·
Granting of the Variance would not be
materially detrimental to adjacent and
surrounding properties in that the
project is still utilizing the allowable
signage for a commercial shopping center.
·
Granting of this Variance would not be
contrary to the goals and policies of the
General Plan.
That the Planning Commission has reviewed the
request to permit off-premise advertising on
building B and has determined that a Variance
from the standards cannot be supported for the
following reasons:
·
There are no unusual or exceptional
circumstances applicable to the shape,
size, topography, location or intended
use of the subject property which do not
necessarily apply to other properties in
the same zoning district in that the
subject property could be developed with
signs that meet the size limitations of
the Tustin Sign Code and provide for
adequate visibility.
·
Granting the requested Variance would
convey a special privilege to the
property owner which is not enjoyed by
other property owners in the same zoning
district in that all other property
owners must comply with the requirements
of the Zoning and Sign Codes when
developing or altering their sites.
·
The granting of this Variance may be
materially detrimental to adjacent and
surrounding properties, in that the
additional signage on the subject
property may result in a visual and
aesthetic nuisance to traffic on the I-5
freeway. In addition, approval of the
Variance will set a precedence for other
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Resolution No. 2861
Page 3
commercial shopping centers.
·
The granting of this Variance would be
contrary to the General Plan in that the
Scenic Highways Element of the General
Plan requires that signs oriented toward
the freeway system shall be in compliance
with the City of Tustin Sign Ordinance.
E ·
That the request includes a Use Variance to
permit the off-premises signs on the rear of
building B, which is not permitted by State
Planning Law.
F·
That the Planning Commission has reviewed the
request for a use Variance to permit the off-
premise signs on the rear of building B.
II. The Planning Commission hereby approves a portion
of Variance 90-13 authorizing the exchanging of
development standards of allowable signage from the
front elevation to the rear elevation, subject to
the conditions contained in Exhibit A and attached
hereto and incorporated by reference, and denies
the Variance request for off-premise signs.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 14th day of January,
1991.
DONALD LE
Chairman
KATHLEEN FITZ PATti C~/
Secretary
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. ~was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held
on the /~ day of ~-~z~uc~ ~ , 19~.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 2861
CONDITIONS OF APPROVAL
VARIANCE 90-13 (PORTION)
GENERAL
i ·
The proposed project shall substantially conform to
submitted plans date stamped January 14, 1991 on file
with the Community Development Department as herein
modified or as modified by the Director of Community
Development.
·
Unless otherwise specified, 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.
·
Approval of Variance 90-13 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
·
At building plan check submittal and prior to issuance of
sign permits:
a·
The applicant shall provide two copies of plans
including site plan, fully dimensioned and detailed
elevations, attachment methods and electrical
details for approval of the Building Official. All
components shall be U.L. listed.
be
Provide payment of all required fees as applicable
including plan check and permit fees to Community
Development Department.
·
The Sign Program shall be modified to conform to all
other provisions of the Tustin Sign Code, with the
exception of the exchanging of development standards on
the front and rear elevations of buildings A and B.
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
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