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HomeMy WebLinkAbout02 CUP 90-1 08-18-97NO. 2 8-'18-97 DATE: AUGUST 18, 1997 Inter-Com TO: WILLIAM A. ]{USTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBd£OT: RECONSIDERATION OF CONDITIONAL USE PERMIT 90-1 :;!.:SUMMAR¥:;.'.'Carl: Karch'er Enterprises: was granted a conditional Use' Permit:on June .18,' ;1990 tO' construct a:'..35-foot tall.pole sign at.14041 NeWport AvenUe, subject to a .conditiOn.' that,:the: City::.: :CounCil: reconsider .':the..appropriateness of~ :the sign height following the ComPletion:of the. Interstate. 5 Freeway. widening .irnprovements..adjacent to :: :the iSUbject prope~;:-. on July.:2&' 1997, the Planning Commission recomrnended that !the. :~;'::¢ity 'CouncE'reaffi~ the'original~;approval~with no rnodificatCons: ' ApPlicant: Carl Karcher Enterprises Owners: Charles &"Geneva .Servais RECOMMENDATION That the City Council adopt Resolution No. 97-79 allowing the sign previously approved under Conditional Use Permit 90-1 to remain without modifications. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. BACKGROUND In 1990, the applicant requested a Conditional Use Permit (CUP 90- 1) to construct a 35-foot tall pole sign with 72 square feet of sign area per face to provide freeway identity for a Carl's Jr. restaurant at the southwesterly corner of Newport Avenue and the Santa Ana (I-5) Freeway. The sign code in effect at the time allowed a six foot tall monument sign with 32 square feet per face by right, but allowed larger signs to be considered through the CUP process for restaurants, automobile services and lodging facilities located within 500 feet of the centerline of a freeway. City Council RePOrt Reconsideration of Conditional Use Permit 90-1 August 18, 1997 Page 2 On April 9, 1990, the Planning Commission modified the applicant's · proposal and approved CUP 90-1 to allow a 24-foot tall pole sign with 50 square feet of sign area per face. The applicant appealed the Planning Commission's decision, and on June 18, 1990, the Council modified CUP 90-1 to allow a 35-foot tall pole sign with 50 square feet of sign. The CUP was approved prior to the completion of final designs for the recent I-5 widening project through Tustin, and it was speculated that the freeway project, when complete, could improve visibility to the site and render a sign height of 35 feet excessive. To reserve the City's right to future reconsideration of the height originally approved, the following condition was included in the Council's resolution approving CUP 90-1: Prior-to issuance of a building permit for the sign, the applicant and owner(s) of the subject property shall enter into an agreement with the City in which they agree to reduce the height of the sign t~ a height determined by recommendation of the Planning Commission to the City Council (but to a height of not less than twenty four feet) after completion of freeway widening improvements have been made to the south side of the I-5 Freeway adjacent to the subject property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land supported by a. surety bond for a period of not longer than five (5) years, each to be in form and content satisfactory to the 'City Attorney. [Resolution No. 90-52, Condition II.E; see Attachment C] In February of 1991, Carl Karcher Enterprises (CKE) signed an agreement (Attachment D) in accordance with the above condition and posted a $3,600 surety bond to cover the cost.of lowering the sign if ultimately required to do so (this bond was replaced by a new bond in the same amount on March 7, 1997). A building permit to construct the sign was issued on February 21, 1991. The freeway project was completed adjacent to the subject property on June 7, 1996. City Council Report Reconsideration of Conditional Use Permit 90-1 August 18, 1997 Page 3 On July 1, 1996,~ CKE submitted a new application (CUP 96-023) requesting to expand the sign area and increase the overall height of the sign to 46 feet above grade. On July 19, 1996, staff deemed the application incomplete, requesting a graphic view analysis to justify the proposed height increase. At the same time, the applicant was advised that CUP 96-023 would be processed concurrently with the reconsideration of CUP 90-1. Hence, the reconsideration of CUP 90-1 commenced with the submittal of CUP 96- 023, or 24 days following the completion of the freeway widening project. Staff corresponded with the applicant through October 31, 1996 to obtain a satisfactory view analysis. Finally, on March 17, 1997, staff deemed CUP 96-023 withdrawn after learning that CKE was'no longer pursuing approval to increase the height and square footage of the sign, leaving the reconsideration of CUP 90-1 as the only subject of review. DISCUSSION The freeway improvements adjacent to the subject property have not increased the exposure of the 35-foot tall sign. In fact, the flyovers constructed west of the property at the Santa Ana/Newport Freeway interchange have reduced the sign's overall visibility from that location and have created a network of visual obstructions that would render any increase in sign height ineffective. Visual Analysis Staff conducted a visual reconnaissance of the property from the adjacent freeway routes to determine if the sign could be lowered without affecting its present freeway visibility. Maps depicting the survey locations are provided in Attachment E (in addition, photographic exhibits will be on display at the City Council hearing). Staff's observations are described below. Southbound I-5 The entrance to the Newport Avenue offramp is located approximately 7/10ths of a mile from the property. In this vicinity, the visibility of the sign is obstructed by the flyovers connecting the I-5 to the Newport (SR-55) Freeway. Due to the distance of the sign to the offramp entrance and the varying heights and curvatures of the overpasses, it would City Council Report Reconsideration of Conditional Use Permit 90-1 August 18, 1997 Page 4 appear that no sign, regardless of height, could attract impulse business from this location. The sign, however, can be seen clearly from the freeway lanes adjacent to the property, so that motorists are made aware of the business for future reference. Moreover, there is visibility from the offramp. Northbound I-5 There is no offramp to Newport Avenue from the northbound side of the freeway, so there is no opportunity to attract impulse business. The sign is visible upon approaching the subject property to provide advertisement for future business, but it is slightly obstructed by the freeway median. Lowering the sign would further obstruct its visibility. Southbound SR-55 to Southbound I-5 Interchanqe A separate offramp to Newport Avenue, which merges with the southbound I-5 offramp discussed above is provided from this two-lane interchange. Although the Carl's Jr. sign is visible prior to reaching the offramp entrance, it is not feasible to attract impulse business in this area due to the level of concentration required to negotiate the interchange. This route shoUld also be considered an opportunity to attract future business. · Northbound SR-55 to Southbound I-5 Interchanqe This interchange bypasses the Newport Avenue offramp completely. Future business exposure is provided upon passing the subject property. Based upon the above analysis the following 'conclusions may be drawn: , . The sign, as originally approved by the City Council under CUP 90-1, poses no greater visual impact to the community as a result of the completion of the I-5 widening project than it had prior to the commencement of the freeway improvements; Raising the sign will not benefit the subject business due to the intervening visual obstructions Created by the most recent freeway improvements; City Council Report Reconsideration of Conditional Use Permit 90-1 August 18, 1997 Page 5 . Lowering the sign will slightly reduce the level of exposure to passing freeway 'traffic which is used to provide future reference, not impulse business. A preCedent would not be established if the City allows the subject sign to remain as it presently exists in that only the circumstances and site characteristics unique to the subject property have been considered and analyzed during this reconsideration. Specific findings could be made which are applicable only to the subject property and to the fact that the sign represents a business defined by the Sign Code as one that provides services to freeway motorists. From these conclusions, staff recommends that the City Council reaffirm approval of Conditional Use Permit 90-1 without further reconsideration. Gregory S. Gubman, AI CP Associate Planner Elizabeth A.' B~i~-~k~~ Community Development Director Attachments: A - Location Map B - Previously Approved Plans C - City Council Resolution No. 90-52 D - Sign Agreement For Conditional Use Permit 90-1 E - View Analysis Maps F - Planning Commission Resolution No. 3531 G' Resolution No. 97-79 GG :br: cupg0001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 97-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REAFFIRMING APPROVAL OF CONDITIONAL USE PERMIT 90-1, AUTHORIZING THE INSTALLATION OF A DOUBLE-FACED FREEWAY POLE SIGN 35 FEET IN HEIGHT AND 50 SQUARE FEET IN AREA PER SIGN FACE ON THE PROPERTY LOCATED AT 14041 NEWPORT AVENUE. The City Council does hereby resolve as follows: I , The City Council finds and determines as follows: a. That on June 18, 1990, the City Council adopted Resolution No. 90-52 approving Conditional Use Permit 90-1, authorizing the installation of a double-faced freeway pole sign 35 feet in height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject to the following condition (Condition II.E): Prior to issuance of a building permit for the sign, the applicant and owner (s) of the subject property shall enter into an agreement, with the City in which they agree to reduce the height of the sign as to a height determined by recommendation of the Planning Commission and to the City Council (but to a height of not less than twenty four feet) after completion of freeway widening improvement s have been made to the south side of I-5 Freeway adjacent to the subject property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land supported by a surety bond for a period of not longer than five (5) years, each to be in form and content satisfactory to the City Attorney. 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 97-79 Page 2 B o C , D . E . F . That the applicant and property owners agreed to future reconsideration of the approved sign height as evidenced by the signing of an agr6ement and the posting of a surety bond prior to the issuance of a building permit for the sign on February 21, 1991. That, according to Caltrans, said freeway improvements were completed on June 7, 1996, and the City commenced reconsideration of Conditional Use Permit 90-1 on July 1, 1996. That a public hearing was duly called, noticed and held on said reconsideration on July 28, 1997 by the Planning Commission. The Planning Commission .adopted Resolution No. 3531, recommending that the City Council reaffirm approval of Conditional Use Permit 90-1. That a public hearing was .duly called, by the City Council on August 18, 1997. That the sign should be allowed to remain at the height, configuration and location originally approved by the City Council on June 18, 1990 based upon the following findings: o The freeway improvements referenced in City Council Resolution No. 90-52 have not increased the visibility of the sign in a manner that would render the height of thirty five (35) feet above grade excessive. Hence, the sign poses no greater visual impact to the community as a result of the completion of the I-5 widening project than it had prior to the commencement of the freeway improVements~ . Lowering the sign will slightly reduce the level of exposure to passing freeway traffic which is used to provide future reference, not impulse business. The sign is visible upon approaching the subject property to provide advertisement for future business, but is slightly obstructed by a raised freeway median. Lowering the sign would further obstruct its visibility. 10 lZ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 97-79 Page 3 o Raising the sign will not benefit the subject business due to the intervening visual obstructions created by said recent freeway improvements. The entrance to the Newport Avenue offramp is located approximately 7/10ths of a mile from the subject property. In this vicinity, the visibility of the sign is completely obstructed by the flyovers connecting the I-5 to the Newport (SR-55) Freeway. Due to the distance of the sign to the offramp entrance, and the varying heights and curvatures of the overpasses, no sign, regardless of height, could attract impulse business from this location. Moreover, although the sign is slightly obstructed from view along certain points in a northbound direction on the I-5 freeway, there is no offramp to Newport Avenue from the northbound lanes of the I-5 to facilitate impulse business, so the visibility of the sign is adequate to provide reference for future business. II. The City Council hereby reaffirms approval of Conditional Use Permit 90-1 authorizing the installation of a double-faced freeway pole sign 35 feet in height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject to the conditions contained in Resolution No. 90-52, noting that Condition II.E of said Resolution is hereby satisfied. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of August, 1997. JEFFERY M. THOMAS MAYOR PAMELA STOKER CITY .CLERK 28 ATTACHMENT A: Location Map LOCATION 4~ 17212--17288 AV. 1~42' 1SE41 1~,E61 1~81 15701 15712 15742 157~1 :31 ;71 711 '731 LIJON MAP < ? NO SCALE ATTACHMENT B'. Previously Approved Plans ! t i !il Ill li.:i '- i Ii.: · .. i .. o. o o .. . ATTACHMENT C: City Council Resolution No. 90-52 Adopted June 18, 1990 RESOLUTION NO. 90-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT 90-1 TO ALLOW A 35 FOOT HIGH, 50 SQUARE FOOT IDENTIFICATION POLE SIGN. WHEREAS, the City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 901 and Variance 90-7, was been fi led by Carl Karcher Enterprises to request authorization to install a 35' foot high, 72 square foot identification pole sign, with "Drive-Thru" identification on the face of the sign, at 14041 Newport Avenue. B. That a public hearing was duly called, noticed and held for said application on April 9, 1990 by the Planning Con~ission at which time the Commission adopted Resolution No. 2747(b) approving a 24 foot high, 50 square foot identification sign. C. That an appeal of the Planning Commission's action has been filed by Carl Karcher Enterprises. D. That a public hearing to consider the appeal of said application was duly called noticed and held by the City- Council on May 21, 1990. E. 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: 1. 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. 2. That the proposed Sign 'is architecturally compatible with the design of the Tustin Freeway Shopping <Center where the sign is to be located. 3. The sign area (50 square feet) of the sign is . 13 ]4 ~9 20 2] 22 23 25 26, 27 Resolution 90-52 Page 2 reflective of' the goals of the Scenic Highway Element of the General Plan. F. That the establishment, maintenance, and operation of the use applied for will not be in'urious the property and ~m~rov ....... ~ -- or detrimental to · - ~ ~m~n~s in the ' s~b]ect propert , nor __ neighborhood of the of Tustin ~, e~ ~3h~ general welfare of the Cit -,, ~,,mt the-ulty Council has required the re evaluation the height of the pole sign upo~l completion of freeway improvements adjacent to the property boundary since.a twenty four (24) foot high sign may reach to the level of the freeway and be visible to the traveler and the traffic volumes on the freeway at. the off-ramp location and in proximity to a major interchange at the SR-55 and 1-55 are such that a t'all sign over a lengthy time frame may contribute to a di ' ~itua~ion should the trav~ .... :_~f~cult and dangerous from ~aster 'lanes and ~¢e~i~-~z~n ~o negotiate lanes ~ u~ mn ~mpuise. 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. H. This project is categorically exempt (Class 3) from the I. requirements of the California EQvironmental Quality Act. . . Final development plans shall require the review ~'nd approval of the Community Development Department. II. The City Council hereby modifies the Planning Commission,s decision on Conditional Use Permit 90-1 andauthorizes a 35 foot high, 50 square foot pole sign 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 a 35 foot high, 50 square fo~t, 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. B. Conditions contained in this Resoiution 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 - - - I' II I I 1 2 4 $ 10 · 1! 14 15 16 17 19 20 9.1 '22 Resolution 90-52 Page 3 Fe Ge He 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. Prior to issuance of a building permit for the sign, the applicant and owner(s) of the subject property shall enter into an agreement withthe City in which they agree to reduce the height of-the sign as to a height determined by recommendaLion of the Planning Commission and to the City Council (but to a height of not less than twenty four feet) after completion of freeway widening improvements have been made to the south side of I-5 Freeway adjacent to the s~bject property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land supported by a surety bond'for a period of not longer than five (5) years, each to be in form and content satisfactory to the City Attorney. The subject Conditional Use Permit' is valid only for 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. Conditional Use Permit 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. 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 city Council, held on the lSth day of June, 1990. Mayor ./ City Cl~k ATTACHMENT D- Sign Agreement for Conditional Use Permit 90-1 R~COR.DI¥O REQUESTED BY A~D WHEN RECORDED MAIL TO: City of Tust£n 300 Centennial Way Tustin, CA 92680 Space Above This Line For Recorderfs Use Only MAIL TAX STATEMENTS TO: City of Tustln 300 Centennial Way Tustin, CA 92680 Exempt from Recording Fees " Governmental Acquisition Government Code Section 27383 SIGN AGREEMENT FOR CONDITION]iL' USE PERMIT NO. 90-1 AND FARIANCE NO. 90-7 A~ REQUIRED BY RESOLUTION NO. 90-52 THIS AGREEMENT, is entered into this day of · 1990, by CARL KARCHER 'ENTERPRISES, a California corporation, · ("Tenant"), CARL~~ Corporation, a California corporation ("Owner"), and TEE CITY OF TUSTIN, a municipal corporation ("City,'). The effective d~te of this Agreement is the date set forth hereinabove, regardless of the date that any par~y hereto signs this Agreement. Tenant, Owner and City may sometimes be referred to herein individually as "party" and collectively as "Parties". A. Tenant and Owner-haVe 'previously applied to City for Conditional Use Permit No. 90-1 and Variance No. '90-7 to request authorization to install a 35-foot high, 72 square foot identification pole sign, with "Drive-Thru" identification on the face of the sign at 14041 Newport Avenue for a Carl's Jr. Restaurant. B. A public hearing was duly called, noticed and held for such application on April 9, 1990, by the Tustin Planning Commission at which time the Commission adopted Resolution No. 2747(b) approving a 24-foot high, 50 square foot identification sign. C. Tenant filed an appeal of the Planning Commission's action to the City Council. D. A public hearing to consider the appeal of said application was duly called, noticed and held by the City Council on May 21, 1990. E. By Resolution NO. 90-53, the 'City Council granted Tenant's appeal to the extent that it authorized temporarily a 35- foot high, 5.0 foot square identification sign for the "Drive-Thru,, feature of the Carl'S Jr. Restaurant. F. By Resolution No. 90-52, the City Council conditioned its approval of the taller sign as follows: "Prior to issuance of a building permit for .the sign, 'the applicant and owner(s) of the subject. Property shall enter into an agreement with the City in which they agree to reduce the height of the sign as to a height determined by recommendation of the Planning Commission and to the City Council (but to a height of not less than 24 feet)[.] [A]fte~ completion of freeway widening -~provements have been made to the south s~de of I-5 Freeway adjacent to the subject'property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land supported by a surety bond for a period of not longer than five (5) years, each to be in form and content satisfactory to the City Attorney." G. The purpose of this Agreement is to comply with the condition imposed by said Resolution No. 90-52 which is quoted above. NOI, T~EREFORE,. for and 'in consideration of the issuance of the Variance and Use Permit as recited above, the Parties agree as follows: A~reeme~t to Lower sim After ¢,mpletion of Freewa~ widening Immrovements Tenant and Owner agree that they shall, at their own expense, lower the 35-foot sign to not less than 24 feet if instructed t° do so by the City Council after reconsideration as provided in Resolution No. 90-52. 2. Lowering o~ the SSq~. Shall be at No cost to city Tenant and Owner heleby waive any and all rights that they might 'have to -seek compensation or damages from City for being required to lower the sign pursuant to Paragraph 1 hereinabove. 3. Bo~ ~e~irement · Prior to the issuance of a Building Permit for the sign, Tenant and Owner shall submit to City a corporate surety bond signed by both Tenant and Owner in the sum of Three Thousand Six Hundred Do).ars ($3,600.00) as security to insure that the sign is lowered as required in this Agreement. Such bond shall be kept in force for a period of five (5) years or until such sign is lowered or the'City determines, on reconsideration, that it should not be lowered, whichever is sooner. Such bond .shall be in form and . content satisfactory to the City Attorney. 4. ¢on~i~i~na! U~e Permi~ valid Only for Car2'~ It is agreed by the parties that the "Drive-Thru,, sign is appropriate only so long as a Carl's Jr. Restaurant is Operated at · the site. For that reason, the subject Conditional Use Permit for the "Drive-Thru', identificatiur, sign for Carl's Jr. shall be valid only for 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. 5. Covenapts Ru~ninq with the Land All the'covenants and conditions contained in this Agreement shall be binding on the Tenant and the Owner, a .~ their successors in interest, and shall be covenants running with the land presently owned by the Owner and ]eased by the Tenant. IN WITNESS WI{EREOF, this Agreement shall be effective on the day and year first above written. "TENANT,, CARL KARCHER ENTERPRISES, a California, cor, pOrgtion . By: · /.'""' ~''l 1."I. ,, , , By: APPROVED AS TO FORM: RICHARD CELIO (Signatures Continued on Page 5) Carl Karcher Enterprises, Inc. Cali:ornta corporation By: "CITY" ATTEST: THE CITY OF TUSTIN, a municipal corporation . By: Mayor City Clerk APPROVED AS TO FORM: JAMES O. ROURKE CITY ATTORNEY .By: STATE OF.CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of ---- , 1990, before me,'the undersigned, a Notary Public in and for said State personally appeared , and ,pezsenally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument as and , on behalf of CARL KARCHER ENTERPRISES, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of' its Board. of Directors. WITNESS my hand and official seal. Notary Public On this ]2th day o~ Februar~ _, 1991, before me, the undersigned,, a Notary Public in and ~or said State personally appeared Dona]d G]enn , and , personally known to m- (or proved to me on the basis of satisfactory evidence) to be the person(s) · . -o executed ~:e within instrument as Vice President of aperty Deve'..p,:,ent gq~ -- , on behalf of Car] K'archer £nterpr]$e$ Jnc, the Corporation therein named, and acknowledged to me that~ ~uch corporation executed the within instrument Pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and 'official seal. l[~ UNDA L TIETZ. ._' Notary Publi~ STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ; 'On this day of __ - , 1990, before me, the undersigned, a Notary Public in and for said State personally appeared and ' personally known to me (or proved to me on the basis 0~ 'satisfactory evidence) to be the persons who executed the with:n' instrument as Mayor and City Clerk, on beh TUSTIN', the municinal co .... ~:__ =._ . a~f of the CITY ~F ~ ~~un ~nereln name~, and acknowledged to me that such corporation executed the within instrument to its By-Laws or a re ~],,~-- -~ ~=- .... pursuant s .... ~n o~ £us ~l~y council. WITNESS my hand and official seal. Notary Public CFI:cj :Q\410 12/18/90. 6 ATTACHMENT E: View Analysis Maps 0 O~ 'AY N/~ YgOO0/~ 9'71 'hrlZ~HYH 282 Orf¥ '130 '"Id NDI3"IY~ '.tS .0. ggOL O&OL ~OI, ~1'0/, ZgOL t~0& 1.01. t 0D01, ~20I 2g01, 0~01, 0014 9gOl ~ZOI egOl. 9/.Ot g601 'J.S .B. '! /, ,, Il ,I,, YM ~I=1~::1 'AY ¥1~ ATTACHMENT F: Planning Commission Resolution No. 3531 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3531 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL REAFFIRM ITS APPROVAL OF CONDITIONAL USE PERMIT 90-1, AUTHORIZING THE INSTALLATION OF A DOUBLE-FACED FREEWAY POLE SIGN 35 FEET IN HEIGHT AND 50 SQUARE FEET IN AREA PER SIGN FACE ON THE PROPERTY LOCATED AT 14041 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I , The Planning Commission finds and determines as follows: A. That on June 18, 1990, the City Council adopted Resolution No. 90-52 approving Conditional Use Permit 90-1, authorizing the installation of a double-faced freeway pole sign 35 feet in height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject to the following condition (Condition II.E): Prior to issuance of a building permit for the sign, the applicant and owner(s) of the subject property shall enter into an agreement wi,th the City in which they agree to reduce the height of the sign as to a height determined by recommendation of the Planning Commission and to the City Council (but to a height of not less than twenty four feet) after completion of freeway widening improvement s have been made to the south side of I-5 Freeway adjacent to the subject property, said reconsideration shall take place not later than ninety (90) days after completion of said improvements. Said agreement shall be a covenant to run with the land supported by a surety bond for a period of not longer than five (5) years, each to be in form. and content satisfactory to the City Attorney. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3531 Page 2 m o C . m o E . That the applicant and property owners agreed to future reconsideration of the approved sign height as evidenced by the signing, of an agreement and the posting of a surety bond prior to the issuance of a building permit for the sign on February 21, 1991. That, according to Caltrans, said freeway improvements were completed on June 7, 1996, and the City commenced reconsideration of Conditional Use Permit 90-1 on July 1, 1996. That a public hearing was duly called, noticed and held on said reconsideration on July 28, 1997 by the Planning Commission. That the sign should be allowed to remain at the height, configuration and location originally approved by the City Council on June 18, 1990 based upon the following findings: . The freeway improvements referenced in City Council Resolution No. 90-52 have not increased the visibility of the sign in a manner that would render the height of thirty five (35) feet above grade excessive. Hence, the sign poses no greater visual impact to the community as a result of the completion of the I-5 widening project than it had prior to the commencement of the freeway improvements. o Lowering the sign will slightly reduce the level of exposure to passing freeway traffic which is used to provide future reference, not impulse business. The sign is visible upon approaching the subject property to provide advertisement for future business, but is slightly obstructed by a raised freeway median. Lowering the sign would further obstruct its visibility. , Raising the sign will not benefit the subject business due to the intervening visual obstructions created by said recent freeway improvements. The entrance to the Newport Avenue offramp is located approximately 7/10ths of a mile from the subject property. In this vicinity, the visibility of the sign is completely obstructed by the flyovers 10 11 12 13 14 15 16 17 18 19 20 Resolution No. 3531 Page 3 connecting the I-5 to the Newport (SR-55) Freeway. Due to the distance of the sign to the offramp entrance, and the varying heights and curvatures of the overpasses, no sign, regardless of height, could attract impulse business from this location. Moreover, although the sign'is slightly obstructed from view .along certain points in a northbound direction on the I-5 freeway, there is no offramp to Newport Avenue from the northbound lanes of the I-5 to facilitate impulse business, so the visibility of the sign is adequate to provide' reference for future business. II. The Planning Commission hereby recommends that the City Council reaffirm its'approval of Conditional Use Permit 90-1 authorizing the installation of a double-faced freeway pole' sign 35 feet in height and 50 square feet in area per sign face on the property located at 14041 Newport Avenue, subject . to the conditions contained in Resolution No.~ 90- 52, noting that Condition II.E of said Resolution is hereby satisfied. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, .at a regular meeting on the 28th ay of 1997. Recording Secretary i j , S~ATE OF CALIFORNIA ) COUNTY OF-ORANGE ) CITY OF TUSTIN ) I, KATh"f MARTIN, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3531 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of July, 1997.