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RESOLUTION NO. 2747(b)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING A 24 FOOT HIGH, 50 SQUARE
FOOT POLE SIGN WITH "DRIVE-THRU" IDENTIFICATION
VERBIAGE ON THE FACE OF THE SIGN AT 14041 NEWPORT
AVENUE AT THE I-5 FREEWAY.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application for Use Permit 90-1 and
variance 90-7, has been filed by Carl Karcher
Enterprises to request authorization to install a
24 foot high, 50 square foot identification pole
sign, with "Drive-Thru" identification on the face
of the sign, at 14041 Newport Avenue.
Be
That a public hearing was duly called, noticed and
held for. said application on April 9, 1990.
Ce
That establishment, maintenance, and operation of
the use applied for will not be detrimental to the
health, safety, morals, comfort, or general welfare
of the persons residing or working in the
neighborhood of such proposed use, in that:
·
The site is located in a PC-Comm. - Planned
Community Commercial Zoning district, and the
proposed sign advertises a use allowed in the
PC-Comm. - Planned Community Commercial Zoning
District.
·
The use applied for is in conformance with the
Tustin Sign Code {Section 9481 (f)}.
·
That the proposed sign is architecturally
compatible with the design of the Tustin
Freeway Shopping Center where the sign is to
be located.
·
The height and area of the sign are reflective
of the goals of the Scenic Highway Element of
the General Plan.
·
Comparable type signs in similar zoning
districts allow for a maximum area of 50 square
feet.
De
That the establishment, maintenance, and operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
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Resolution No. 2747(b)
April 9, 1990
Page 2
neighborhood of the subject property, nor to the
general welfare of the City of Tustin in that the
Planning Commission has limited the height and size
of the sign below the original applicants request
to minimize impact on adjacent properties and
improvements.
E,
That granting of the Variance for "Drive-Thru"
identification will not constitute a grant of
special privileges inconsistent with other
properties in the vicinity and commercially zoned
properties in that there are other 20-25 foot high
signs in the vicinity.
Fe
These are special circumstances applicable to the
property that deprive the subject property of
privileges enjoyed by other properties in the
vicinity under similar circumstances in that over
40% of the business revenues associated with the
Carl's Jr. use are a result of drive-thru business.
There are other drive thru businesses in commercial
districts in the City that have large drive-thru
signage. The project site is also located
immediately adjacent to the freeway which allows for
drive-thru capacities not realized by other
businesses along Newport Avenue due to the freeway
market and unique visibility vantage point.
G,
Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the
Building Official, Fire Code as administered by the
Orange County Fire Marshal and street improvement
requirements as administered by the City Engineer.
Ho
This project is categorically exempt (Class 3) from
the requirements of the California Environmental
Quality Act.
I ·
Final development plans shall require the review and
approval of the Community Development Department.
II. The Planning Commission hereby approves Conditional Use
Permit 90-1 and Variance 90-7 to authorize a 24 foot
high, 50 square foot pole sign, with "Drive-Thru"
identification verbiage, at 14041 Newport Avenue subject
to the following conditions:
A·
The sign shall be constructed and installed pursuant
to the submitted plans as herein modified showing
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Resolution No. 2747(b)
April 9, 1990
Page 3
a 24 foot high, 50 square foot, pole sign. Any
modifications to these plans shall require the
approval of the Community Development Director
and/or Planning Commission as determined by the
Director.
S.
Conditions contained in this Resolution shall be
complied with prior to issuance of any Building
permits for the sign subject to review and approval
of the Community Development Department.
C. The sign area shall be reduced to 50 square feet.
D.
Construction plans and structural calculations shall
be submitted to insure requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements are complied with as approved by the
Building Official. Plans should reflect
architectural details and elevations for the project
subject to final approval by the Department of
Community Development.
E.
The subject Use Permit and Variance are valid only
for the Carl's Jr. use. In the event said use is
terminated, the pole sign in its entirety shall be
removed from the site within thirty (30) days from
the date said use terminates.
F.
Conditional Use Permit and Variance approval shall
become null and void unless building permits are
issued within twelve (12) months of the date of this
Exhibit and substantial construction is underway.
G.
Prior to the issuance of building permit, payment
shall be made of any and all required fees.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 9th day of April, 1990.
DONALD LE JEUNE
Chairman
~ENNI FO,I~-'~
Secretar'~/