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RESOLUTION NO. 2669
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING A PORTION
OF VARIANCE 89-10, AUTHORIZING THE INSTALLATION
OF A 35 SQUARE FOOT CENTER IDENTIFICATION
MONUMENT SIGN TO BE LOCATED SEVEN (7) FEET FROM
THE FRON PROPERTY LINE (WHEN THE ONING CODE
REQUIRES A MINIMUM 15 FOOT SETBACK), SUBJECT TO
CONDITIONS, AND DENYING ALL OTHER ASPECTS OF THE
VARIANCE REQUEST AT 13911 CARROLL WAY
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows'
I. The Planning Commission fi~ds and determines as follows'
A·
Ti~at a proper applical~ion Variance 89-10 has been filed on
behalf of Tustin Retail Limited, requesting approval to
install a tenant identification monument sign within the
front setback and requesting approval of signs exceeding the
size limitations at 13911 Carroll Way.
B·
That a public hearing was duly called, noticed and held for
said application on August 28, 1989.
C.
That the Planning Commission has reviewed the request for a
35 square foot monument sign to be located two (2) feet from
the front property 1 ine and does not feel it is
appropriate. However, the Planning Commission believes that
a variance from the minimum front setback to allow a center
identification monument sign to be located seven (7) feet
from the front property line can be supported by tile
following findings:
·
There are unusual or exceptional circumstances
applicable to the size, shape, ~opograpny, 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 shopping center was
designed to incorporate the existing Mimi's Restaurant
to improve on-site circulation, parking and to visually
appear as one project.
·
Granting of the Variance to reduce the front setback
for the monument sign would not convey a special
privilege ~o the property owner which is not enjoyed by
other property owners in the vicinity because other
shopping centers along Seventeenth Street have been
allowed to establish mo.ument signs within the setback
area·
3. The granting of a Variance would not be materially
detrimental to adjacent and surrounding properties, in
that a seven (7) foot setback will not constitute a
visual hazard and is not in an area of future widening.
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Resolution No. 2669
Pa ge two
Do
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4. The 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 two tenant identification signs on the monument sign
on Seventeenth Street and to exceed the size limitations for
the signs located on the west side of building 1, the east
side of buildings 2 and 3 and the south side of building 3
and has determined that a Variance from the standards cannot
be supported for the roi lowing 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 Si gn Code and provide for adequate
visibil ity.
2. 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 co;,;ply with the
requirements of the Zoning and Sign Codes when
developing or alterihg their sites·
0
The granting of this Variance may t,e materially
detrimental to adjacent and surrounding properties, in
that the increased size of signs or~ the subject
property may result in a visual and aesthetic nuisance
to ~raffic and neighboring properties, including
residential properties to the north of the subject
property that would be subjected to larger signs as a
result of this Variance. In addition, a;;.;)roval of the
Variance will set a precedence for ot!~t:r commercial
shopping centers on Seventeenth Street.
.
The granting of this Variance would be cc-;trary ;o the
General Plan in that the Scenic 14ighways Element of the
General Plan requires that signs oriented towar¢ the
freeway system shall be ~n compliance wi;Il the City of
Tustin Sign Ordinance.
That the request includes a Use Variance ~o permit the
off-premises signs on :ne rear of building 1 and ~o permi~ a
sign on the south side of building 1, which is not permitted
by State Planning Law.
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Resol uti on No. 2669
Page three
II. The Planning Commission tlereby approves a portion of Variance
89-10 authorizing the installation of a 35 square foot center
identification monument sign to be located within the front
setback, subject to :he conditions contained in Exhibit A and
attached hereto and de~ies all other Variance requests.
PASSED AND ADOPTED at a regular Planning Commission meeting on the
28th day of August, 1989.
Leslie A. Pontious
Chairman
Penni Foley ~,/
Secretary
EXHIBIT A
RESOLUTION NO. 2669
Conditions of Appro. val
Variance 89-10 (Portion)
GENERAL
i m
1. The proposed project shall substantially conform to submitted plans date
stamped August 28, 1989 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.
e
Variance approval shall become null and void unless sign permits and all
construction is completed within twelve (12) months of the date of this
exhibit.
4. Approval of Variance 89-10 is contingent upon the applicant signing and
returning an "Agreement to Conditions Imposed" form as established by the
Director of Community Development.
5. 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
The sign plans shall be modified to relodate the sign to the west,
perpendicular to the street, in front of the existing building, a
minimum of seven {7) feet from the front property line.
Ce
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 minimum setback for the
center identification monument sign located on Seventeenth Street. Said
sign program shall incorporate the following:
a·
Monument Sign - The monument sign along Seventeenth Street shall be
relocated to west, perpendicular to the street, in front of the
existing building, and shall maintain a minimum seven (7) foot setback
from the front property line. Said sign shall be redesigned to
eliminate all tenant identification. Final location is subject to the
approval of the Director of Community Development.
be
Freeway Signs - A maximum of eight {8) tenants located within building
1 may have signage on the rear (west) elevation of the building,
facing the freeway. All such signs shall be a maximum of 5% of the
wall area or no more than 25 square feet in size. Upon final
completion of the building or future alterations of the tenant space,
all provisions of the Tustin Sign Code shall apply.
Exhibit A
Resol uti on No. 2669
Page two
Ce
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Major Tenant Signs - A maximum of three major tenant signs may be
located on the upper facia of building 1, as indicated in the sign
program.
Minor' Tenant Signs - Minor tenants within building 1, shall locate
signage on the lower front facia on east elevation. No minor tenant
signs shall be permitted on the upper front facia.
Building 3 South Elevations - Tenants of building 3 shall be permitted
to place signs on the south elevation, the maximum size shall be 5% of
the wall area or not to exceed 25 square feet subject to the Tustin
Si gn Code.
Buildings 2 and 3, East Elevation - The corner tenant of buildings 2
and 3 facing Carroll Way, may have one sign on the east elevation, the
maximum size shall be 5% of the wall area or not to exceed 25 square
feet, subject to provisions of the Tustin Sign Code.
The applicant/property owner shall assume all costs of relocating the
monument sign on Seventeenth Street at such time that the City of
Tustin deems necessary to widen Seventeenth Street to its ultimate
major arterial right-of-way width of 120 feet, as designated on the
City and County ;qaster Plan of Arterial Highways.
SP;pef