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HomeMy WebLinkAboutPC RES 2695 3 4 5 6 7 8 9[ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING VARIANCE 89-15 REQUESTING APPROVAL OF A 28.75 SQUARE FOOT SECONDARY WALL SIGN THAT IS NOT PERMITTED BY CITY SIGN CODE AT 13011 NEWPORT AVENUE, SUITE 100 FOR AN EXISTING RETAIL STORE 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 89-15 has been filed on behalf of Digital Ear Audio/Video, Compact Disc requesting approval of a 28.75 square foot secondary wall sign that is not permitted by City Sign Code at 13011 Newport Avenue, Suite 100 for an existing retail store. Be That a Public Hearing was duly called, noticed and held for said application on October 23, 1989 and November 13, 1989. Ce That the findings required to grant a variance can be made for the following reasons: · There are 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 that justify the variance; in that the subject building's unusual architecture and lack of flat wall surface on the east elevation do not allow a single sign of sufficient size to take advantage of the sign area permitted by the standards of the Sign Code. · Granting the requested variance would not convey a special privilege to the property owner which is not enjoyed by other retail tenants and property owners in the same zoning district; in that other retail businesses are generally able to make use of their permitted sign area with a single sign achieving a similar total sign area. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 · The granting of this variance shall not be materially detrimental to adjacent and surrounding properties; in that the proposal does not include any larger area or greater total sign impact than is permitted by ~he present Sign Code. · The granting of this variance would not be contrary to the General Plan in that the General Plan does not limit sign quantities. II. The Planning Commission hereby approves Variance 89-15 for approval of a maximum 28.75 square foot secondary wall sign that is not permitted by City Sign Code at 13011 Newport Avenue, Suite 100 for an existing retail store, subject to the conditions contained within Exhibit A, attached herein. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 1989. Secretary Chairman EXHIBIT A RESOLUTION NO. 2695 CONDITIONS OF APPROVAL VARIANCE 89-15 (~) (~) (~) GENERAL 1.1 The proposed subject project will substantially conform to submitted plans date stamped November 13, 1989 on file with the Community Development Department as herein modified or as modified by the Director of Community Development. 1.2 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. 1.3 Variance approval shall become null and void unless sign permits and all construction is completed within 12 months of the date of this exhibit. 1.4 Approval of Variance 89-15 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.5 The approval of this variance is dependent upon the subject tenant maintaining its existing business identification name as Digital Ear Audio/Video Compact Discs. Should said name be changed or a new tenant be leased the existing tenant space, the new or existing tenant shall comply with the City's Sign Ordinance for such businesses by reducing its number of signs on the east elevation of the building to one (1) within 30 days of the change of occupancy or change of name, or prior to issuing a business license to the new tenant, as applicable. 1.6 This sign shall conform to all other provisions of the Tustin Sign Code with the exception of requirements for one sign maximum on the east frontage of the building. 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 Resolution'No. 2695 Page two (2) Plan Submittal 2.1 At building plan check submittal and prior to issuance of sign permits: a. 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. b. The sign plans shall be modified to eliminate the copy reading "Home Entertainment", and the copy reading "Audio/Video, Compact Discs" shall be joined together while maintaining a maximum 15 inch letter height. Ce Provide payment of all required fees as applicable including plan check and permit fees to Community Development Department. STATE OF CALIFORNIA )- COUNTY OF ORANGE ) CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. c~o~ was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the /~T~.day of -~~~~ , 198 ~ . PENNI FOLEY Recording Secretary