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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.
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·
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