HomeMy WebLinkAboutPH 2 CUP 92-031 10-19-92PUBLIC HEARING N0. 2
A 10-19-92
r
AuENDA�
LATE: OCTOBER 19, 1992 Inter-Com
�L' 1
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: APPEAL OF CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT
92-031 AND DENIAL OF SIGN CODE EXCEPTION 92-006
RECOMMENDATION
It is recommended that the City Council uphold the Planning
Commission's action related to condition 1.8 of Conditional Use
Permit 92-031 and denial of Sign Code Exception 92-006 by adopting
Resolution No. 92-124, as submitted or revised.
BACKGROUND
On September 28, 1992, the Planning Commission adopted Resolution
No. 3093, approving Conditional Use Permit 92-031, which authorized
a new master sign plan for Tustin Heights Shopping Center located
at 1076-1222 Irvine Boulevard (Attachment A) . Condition No. 1.8 of
Resolution 3093 required the applicant to bring the existing non-
conforming pole sign into conformance with current provisions of
the Sign Code. As part of this action, the Planning Commission
denied a sign code exception to permit modifications to the
existing non -conforming pole sign which would not conform to the
current standards of the Sign Code. On October. 2, 1992, the
Community Development Department received an appeal of the Planning
Commission's action related to Condition 1.8 of Resolution 3093 and
the denial of Sign Code Exception 92-006 from the property owner
(Attachment B).
The master sign plan, as approved by the Planning Commission, would
provide for center identification, business identification and
arcade signs. The intent of the plan is to provide updated,
unified signage complimentary to the proposed facade remodel of the
shopping center which the applicant is also proposing under a
separate design review application. The facade remodel is not
being considered at this time, but the proposed elevations are
included for reference.
City Council Report
Appeal of Condition of Approval for CUP 92-031
and Denial of Sign Code Exception 92-006
October 19, 1992
Page 2
The master sign plan complies with all of the City's Sign Codes,
with the exception of tenant identification signs for the three
major tenant spaces to exceed the maximum allowed area for wall
signs, and modif ications to the existing non -conforming pole sign.
Pursuant to City Code Section 9403h(2) (e) , a conditional use permit
is required to approve master sign plans which deviate from the
specific standards for permanent business identification. A sign
code exception pursuant to Section 9405c is required to authorize
structural modifications to the pole sign. The Planning
Commission unanimously -approved the Conditional Use Permit for the
master sign plan, including the request to increase the wall sign
areas for the three major tenants. However,, the Commission also
required the pole sign to be brought into conformance with the
current Sign Code.
The existing non -conforming pole sign has been an issue brought
before the Planning Commission and City Council in the past. In
1981, the Planning Commission approved improvements to the shopping
center including parking lot modif ications, sign modif ications, new
landscaping and new perimeter walls. A condition of approval was
imposed requiring that no additional free standing signs (i.e. pole
signs, monument signs) shall be authorized for the site until the
existing non -conforming pole sign is removed.
In 1983, the Planning Commission approved a variance for Ralph's to
have two wall signs. A condition of approval was included
requiring that the existing non -conforming pole sign for center
identification be modified to include pole covers and sign cabinets
to match the master sign plan that was in effect at the time,
remove the existing "Tustin Heights" sign, replace the rectangular
"Ralph's" sign at the top of the pole sign with an oval sign, and
remove five feet of steel beam from the top of the poles.
The City Council subsequently appealed the Planning Commission
decision and reviewed the issue on May 16, 1983. The minutes of
the City Council ref lect that two Council members desired that the
existing non -conforming pole sign be brought into conformance with
the Tustin Sign Code, however, the Planning Commission's approval
was upheld by the City Council with no additional conditions.
Tustin Heights Shopping Center is located on the south side of
Irvine Boulevard near Newport Avenue. It is bounded by Packers
Square Shopping Center and Packers Square Condominiums on the
south, commercial properties to the west and north and a
professional building and single family residential to the east.
City Council Report
Appeal of Condition of Approval for CUP 92-031
and Denial of Sign Code Exception 92-006
October 191 1992
Page 3
A public hearing notice identifying the time, date and location of
the public hearing for this Conditional Use Permit was published in
the Tustin News. Property owners within 300 feet of the site were
notified of the hearing by mail and notices were posted on the
site, Tustin City Hall and Police Department. The applicant was
informed of the availability of a staff report for this item.
DISCUSSION
A master sign plan is -required for multi tenant sites within the
City. The purpose of a master sign plan is to encourage
coordinated and quality signs, integrated with the architectural
style of the project on sites where a large number of signs will be
necessary. In considering the approval of a Conditional Use Permit
for Tustin Height's Master Sign Plan, the Planning Commission
determined that the establishment, maintenance or operation of the
use would 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, nor would it be injurious or
detrimental to property and improvements in the neighborhood or the
general welfare of the City providing that the existing non-
conforming pole sign was removed. The following findings were made
by the Planning Commission with condition of approval 1.8 included
to ensure that the existing non -conforming pole sign would be
brought into conformance with current standards.
1. The Master Sign Plan would provide for wall signs and
arcade signs that are compatible with and complimentary
to the proposed architectural design and treatments of
the Tustin Heights Shopping Center. However, the height
and copy area of the existing non -conforming pole sign is
not compatible with the size and scale of the shopping
center and can be considered visual clutter. Therefore,
removal of the non -conforming pole sign would be
desirable.
2. The goals and objectives of the proposed Master Sign
Plan, and the locations, proportions, areas, and styling
of sign types are not injurious or detrimental to the
welfare of the City or its residents. However, the
height and sign copy area of the existing non -conforming
pole sign is out of scale with the shopping center and
negatively impacts the neighborhood as the sign can be
seen at the rear of the shopping center.
City Council Report
Appeal of Condition of Approval for CUP 92-031
and Denial of Sign Code Exception 92-006
October 19, 1992
Page 4
3. The Master Sign Plan would eliminate a second wall sign
at Ralph's thereby increasing the conformity of the signs
at the shopping center with Section 9408C2 of the Sign
Code. Removal of the existing non -conforming pole sign
would bring the center into conformance with Section
9404b2 of the Sign Code, and allow a conforming and
compatible pole sign to be erected with a conditional use
permit.
The existing non -conforming pole sign is approximately 60 feet in
height. The lighted sign panels are held between two metal poles.
As part of the master sign plan, the applicant proposes to wrap the
existing structure with texture coated sheet metal to provide
architectural detail to the pole sign compatible with the proposed
facade improvements. The existing 60 feet high pole sign would be
permitted to remain under Tustin City Code Section 9405e,
Nonconforming Signs, as long as the sign was not altered. According
to this Code Section, a nonconforming structure may not be
structurally altered, expanded or altered for the life expectancy
of the sign. As the proposed changes would be a structural
alteration of the sign and expand the life of the sign, a Sign Code
Exception would be required to permit a nonconforming sign to be
altered and not brought into conformance with current Sign Code
requirements.
Sign Code Section 9404b (2 ) allows pole signs subject to approval of
a conditional use permit and various development criteria, part of
which limits the height to 20 feet and sign area to 50 square feet.
Even if no structural alterations were proposed to the pole sign,
the Commission would have the ability to impose conditions as part
of the master sign plan for the site pursuant to Sign Code Section
9403h2, particularly when other deviations of the Sign Code are
proposed.
To approve a sign code exception, the five findings enumerated
below must be made. Based upon comments made by residents present
at the public hearing and upon the previous experience that the
Planning Commission has had with the shopping center regarding the
sign, the Planning Commission denied the request for the sign code
exception. Their findings are also noted below.
City Council Report
Appeal of Condition of Approval for CUP 92-031
and Denial of Sign Code Exception 92-006
October 19, 1992
Page 5
1. Sian size and placement restrictions of the Sian Code
shall be as closely followed as practicable;
While the existing non -conforming pole sign conforms to
all the placement restrictions imposed by Section
9404b(2) it does not meet height and copy area
requirements of the sign code.
2. The intent and purpose of the sign regulations of the
land uses zone in which the sign is to be located shall
be followed as closely as practicable;
The intent and purpose of the sign regulation of the
commercial districts is to promote effective business
identification through the regulation and design of
signs. Ongoing revisions to the shopping center and the
pole sign will extend the sign's useful life and reduce
the likelihood that the sign will ever be brought into
conformance with the Sign Code.
3. There are special circumstances unique to the property to
justify the exception:
There are no physical circumstances unique to the
property that would keep the shopping center from
complying with the City's pole sign requirements. Other
shopping centers in Tustin have removed their pole sign
and replaced them with signs that are in more conformance
with the signs code.
4. Granting of the exception will not have a negative impact
on surrounding properties;
The existing non -conforming pole sign negatively impacts
the surrounding properties. Several residents who live
nearby the shopping center spoke at the public hearing
about the height of the sign and the amount of light
given off by the lighted signs at the top of the
approximately 60 feet high pole sign. Nearby residents
stated that the sign is visible at the rear of the
shopping center.
City Council Report
Appeal of Condition of Approval for CUP 92-031
and Denial of Sign Code Exception 92-006
October 19, 1992
Page 6
5. The sign application promotes the pubic health, safety,
welfare and aesthetics of the community and that the
granting of the exception meets the findings and intent
of the Sign Code:
The existing non -conforming pole sign does not promote
the health, safety welfare and aesthetics of the
community as the excessive size of the sign impacts the
surrounding neighborhoods. The Planning Commission found
that the existing non -conforming pole sign, which was
constructed in the 1960's is inconsistent with the intent
of the Sign Code and that approving the sign code
exception would prolong the life of the non -conforming
pole sign which is inconsistent with the intent of the
Sign Code.
CONCLUSION
The Planning Commission's decision to approve Conditional Use
Permit 92-031 with condition of approval 1.8, and to deny Sign Code
Exception 92-006, would allow Tustin Heights Shopping Center to
adopt a new master sign plan that would be compatible with the
proposed facade remodel and require the existing non -conforming
pole sign to be brought into conformance with current development
standards. The Planning Commission and City Council have
encouraged the property owner to bring the pole sign into closer
conformance with the Tustin Sign Code in the past. Based on the
findings discussed, it is recommended that the City Council uphold
the Planning Commission's action related to condition 1.8 of
Conditional Use Permit 92-031, and the Planning Commission's denial
of Sign Code Exception 92-006 by adopting Resolution No. 92-124 as
submitted or revised.
Becky Stone
Assistant Planner
j4g��_6 It
-_
Christine A. Shing on
Assistant City Ma ger
Community Development
Attachment: Resolution No. 91-124
Exhibits
Planning Commission Resolution No. 3093, Attachment A
Letter of Appeal, Attachment B
1
2
3
4
5
G
8
9
101
11
12
13
14
15
10
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 92-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S ACTION RELATED TO CONDITION 1.8 OF
CONDITIONAL USE PERMIT 92-031 AND DENIAL OF SIGN
CODE EXCEPTION 92-006 REQUIRING THE REMOVAL OF AN
EXISTING NON -CONFORMING POLE SIGN AT TUSTIN
HEIGHTS SHOPPING CENTER LOCATED AT 1076-1222 IRVINE
BOULEVARD
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, Conditional Use Permit
92-031 and Sign Code Exception 92-006 has been
filed by Musil Perkowitz Ruth, Inc. requesting
approval for a Master Sign Plan and modifications
to an existing non -conforming pole sign for Tustin
Heights Shopping Center.
B. A public hearing was duly called, noticed and held
for said application on September 28, 1992. The
Planning Commission authorized the project by
approving Resolution No. 3093 with conditions. The
Planning Commission denied Sign Code Exception 92-
006 by minute order.
C. That a proper appeal has been filed by The RREEF
Funds requesting that the City Council reverse the
Planning Commission's adoption of condition of
approval 1.8 and denial of the sign code
exception.
D. That a public hearing was duly called, noticed and
held for said appeal on October 19, 1992.
E. That the City Council has reviewed the request to
appeal the Planning Commission's adoption of
condition of approval 1.8 and finds that the
condition of approval is necessary to ensure that
the master sign plan applied for would not, under
the circumstances of this case, be detrimental to
the health, safety, morals, comfort, or general
welfare of the persons residing or working in the
neighborhood of such proposed use, as evidenced by
the following findings:
1. The Master Sign Plan would provide for wall
signs and arcade signs that are compatible
with and complimentary to the proposed
architectural design and treatments of the
Tustin Heights Shopping Center. However, the
1
2
3
4
5
G
7
8
9
10
11
12
13
14
15
1e
17
18
19
20
21
221
23
24
25
26
27
28
Resolution No. 92-124
Page 2
height and copy area of the existing non-
conforming pole sign is not compatible with
the size and scale of the shopping center and
can be considered visual clutter. As an
objective of the Sign Code is to maintain and
enhance the quality of the City's appearance
by avoiding sign clutter, the removal of the
non -conforming pole sign would be desirable.
2. The goals and objectives of the proposed
Master Sign Plan, and the locations,
proportions, areas, and styling of wall and
arcade signs are not injurious or detrimental
to the welfare of the City or its residents.
-However, the height and sign copy area of the
existing non -conforming pole sign negatively
impacts the neighborhood as the sign can be
seen at the rear of the shopping center.
Surrounding neighbors have voiced their
concerns regarding the height of the pole
sign.
3. Removal of the existing non -conforming pole
sign would bring the shopping center into
conformance with the Sign Code.
F. That the establishment of the use applied for will
not be injurious or detrimental to the property and
improvements in the neighborhood of the subject
property, nor to the general welfare of the City of
Tustin, providing that the existing non -conforming
pole sign be brought into conformance with the sign
code as evidenced by the findings stated in Section
E.
G. Pursuant to Section 9405c of the Tustin City Code,
Sign Code Exception 92-006, a request to authorize
modifications to an existing non -conforming pole
sign is denied based on the following findings:
1. The proposal does not follow sign size
restrictions as closely as practicable, as the
existing non -conforming sign would retain its
current height of approximately 60 feet. The
Sign Code permits a maximum height of 20 feet
for pole signs.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
91
22
3)
24
25
26
27
28
Resolution No. 92-124
Page 3
2. The proposed modification to the pole sign
would extend the useful life of the sign and
reduce the likelihood that the sign will ever
be brought into conformance with the Sign Code
which would not meet the intent and purpose of
the Sign Code.
3. There are not special circumstances unique to
the property to justify the requested
exception. Other shopping centers in the area
have complied with the City's pole sign
requirements.
4. Granting the exception may have a negative
-impact upon surrounding properties. A number
of residents in the area have voiced their
concern about the height of the existing non-
conforming pole sign which is visible from the
rear of the shopping center.
5. The existing nqn-conforming pole sign does not
promote the health, welfare and aesthetics of
the surrounding properties as the excessive
height of the sign impacts the surrounding
neighborhood. The sign is inconsistent with
the Sign Code and granting the sign code
exception would prolong the life of the pole
sign which is inconsistent with the intent of
the Sign Code.
H. The project is categorically exempt from the
California Environmental Quality Act, pursuant to
Section 15311 (Class 11).
II. The City Council hereby upholds the Planning Commission's
approval of Conditional Use Permit No. 92-031 including
condition of approval 1.8, and denial of Sign Code
Exception 92-006 requiring the removal of an existing
non -conforming pole sign at Tustin Heights Shopping
Center located at 1076-1222 Irvine Boulevard subject to
conditions contained in Planning Commission Resolution
No. 3093, Exhibit A.
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
29
23
24
26
27
28
Resolution No. 92-124
Page 4
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 19th day of September, 1992.
LESLIE ANNE PONTIOUS
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 92-124
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 92-124 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 19th day of September, 1992.
MARY E. WYNN, CITY CLERK.
r
0
J
m
N
U)
O
N
m
0
J
m
r -
co
IL
O
N
0
LL
U
W
0
cc
a
W
A
Q
w
mi
w
ATTATCHMENT A
t
A
Q
w
mi
w
ATTATCHMENT A
T-
6
I
1 3nN3" 1dOdM3N
I 1
1 1
_ 70
! �G
1 1 ; 1) M
4
N Q vC
en ID
In o
In t'�^
a
i`• • • • • •
W W
< a a
cc
t4�
a
o t a 4 w
�5 m Q a
< m p p a p Q
ui
< ? � Y
g cc
W V) Q W N
U) W d Cl) W d d
<
z
R
Q
O
N
$
W
■
o
W
a
S
�=V40
o
N
H
'
z
U
�
3
W
2
O
U
4
N Q vC
en ID
In o
In t'�^
a
i`• • • • • •
W W
< a a
cc
t4�
a
o t a 4 w
�5 m Q a
< m p p a p Q
ui
< ? � Y
g cc
W V) Q W N
U) W d Cl) W d d
<
R
LF-
$
C
LLMJgmoo
v o
r
W
N N
S
�=V40
o
N
H
to
4
N Q vC
en ID
In o
In t'�^
a
i`• • • • • •
W W
< a a
cc
t4�
a
o t a 4 w
�5 m Q a
< m p p a p Q
ui
< ? � Y
g cc
W V) Q W N
U) W d Cl) W d d
ESTIMATED HEIGHT 60',_
EXISTING
SIGN.
[`nrJi Q�JOO G3
TEXTIlRE
COATED
SST' �iIQ�OQ
_WTAL • �
OVER'
E��.-�i'tlF��
- FRAZEE
5382M
5760W
i
Q;
FRAME �
5222M
i
SIDE FRONT
PROPOSED ELEVATit)NS
PROPOSED
FOR EXISTING SIGN REMODEL
TUSTIN HEIGHTS. SHOPPING CENTER 9-22-92 BW
1
2
3
4
5
6
7
8
9
10�
11
10 12
13
14
15
1C
17
18
19
20
21
22
`'3
24
25
26
27
28
RESOLUTION NO. 3093
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 92-031 ESTABLISHING A MASTER SIGN PLAN AT
TUSTIN HEIGHTS SHOPPING CENTER LOCATED AT 1076-
1222 IRVINE BOULEVARD.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A. A proper application for Conditional Use Permit 92-
031 was filed by Musil Perkowitz Ruth, Inc.
requesting approval of a Master Sign Plan for the
Tustin Heights Shopping Center.
B. A public hearing was duly noticed, called, and held
on said application on September 28, 1992.
C. Pursuant to Section 9291 of the Tustin City Code,
the Commission finds that the proposed Master Sign
Plan for the Tustin, -Heights Shopping Center will
not be detrimental to the health, safety, morals,
comfort or general welfare of persons residing or
working in the general area nor will it be
injurious or detrimental to the property or general
welfare of the City of Tustin as evidenced by the
following:
1. The Master Sign Plan will provide for signs
that are compatible with, and complimentary to
the proposed architectural design and
treatments of the Tustin Heights Shopping
Center.
2. The goals and objectives of the proposed
Master Sign Plan, and the locations,
proportions, areas, and styling of sign types
are not injurious or detrimental to the
welfare of the City or its residents.
3. The Master Sign Plan would eliminate a second
wall sign at Ralph's thereby increasing the
conformity of the signs at the shopping center
with the Sign Code.
D. This project has been determined to be
Categorically Exempt (Class 11) pursuant to Section
15311 of the California Environmental Quality Act.
ATTACHMENT A
1
2
3
4
5
G
7
8
9
10
11
12
13
14
15
16
17
18
i9
20
21
22
23
24
2Z.)
26
27
28
Resolution No. 3093
Page 2
II. The Planning Commission hereby approves Conditional Use
Permit 92-031 establishing a Master Sign Plan for the
Tustin Heights Shopping Center subject to conditions
contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 28th day of Sept r, 1 2.
I
.AbDEN L. AIAKER
Chairman
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3093 was 'duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of September, 1992.
HLEEN CLANCY
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-031
CONDITIONS OF APPROVAL
RESOLUTION NO. 3093
GENERAL
(1) 1.1 All signs for Tustin Heights Shopping Center shall
substantially conform with the Master Sign Plan
date stamped September 23, 1992, on file with the
Community Development Department, as herein
modified, or as modified by the Director of
Community Development Department in accordance with
this exhibit. Minor modifications at working
drawings submittal may be submitted for review and
approval by the Director of Community Development
if found to be in substantial conformance with the
Master Sign Plan.
(1) 1.2 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of sign
or building permits.,
(1) 1.3 All signs shall comply with the applicable
provisions of the Uniform Building Code and the
National Electrical Code as adopted by the City
(including UL approvals).
(1) 1.4 Permits shall be required for all signs as
necessary.
(1) 1.5 Construction level plans, including any required
structural calculations, for all project signs
shall be submitted, reviewed and approved by the
Community Development Department prior to issuance
of sign permits.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY
REQUIREMENT
(6)
LANDSCAPING GUIDLINES
(2)
CEQA MITIGATION
(7)
PC/CC POLICY
..__ (3)
UNIFORM BUILDING CODE/S
(8)
MUNICIPAL CODE
(4)
DESIGN REVIEW
***
EXCEPTION
Resolution
Exhibit A
Page 2
No. 3093
(8) 1.6 All signs in the Center shall conform with the
master sign plan upon the completion date of the
proposed facade remodel, or by December 31, 1993,
whichever dates occurs first.
(5) 1.7 Variance 83-4 is superseded by CUP 92-031.
Applicant shall remove the note from General Notes
B.5 regarding the existing market being allowed two
75 square feet signs as per Variance 83-4 and
submit a revised master sign plan document prior to
issuance of any sign permits.
(5) 1.8 Approval of Conditional Use Permit 92-031 for the
Master Sign Plan for Tustin Heights Shopping Center
is contingent upon the requirement that the
existing non -conforming sixty (60) foot pole sign
on the subject site be brought into conformance
with the City of Tustin's current Sign Code. No
sign permits consistent with the new Master Sign
Plan for the shopping center nor structural
alterations to the facade of the shopping center
shall be approved prior to one of the following
conditions being met:
a. The existing, non -conforming pole sign is
removed; or
b. A Conditional Use Permit for a new pole sign
or modification of the existing pole sign is
submitted and approved by the Planning
Commission, authorizing a pole sign which
meets all requirements of Tustin Sign Code
Section 9404b2 including that the sign be
compatible with the project and not exceed
twenty (20) feet in height and fifty (50)
square feet in copy area (encompasses the
extreme units of copy with any frame or trim
forming an integral part of the display such
as sign cabinet); or
C. A monument center identification sign is
installed which meets the requirement of
Tustin Sign Code Section 9408.
FEES
(1) 2.1 All applicable plan check, sign and building permit
fees shall be paid to the Community Development
Department prior to issuance of any sign permits.
"m Alk
5�11 EEF
The RREEF Funds
October 2, 1992
Ms. Christine Shingleton
Director of Community Development
CITY OF TUSTIN
15222 Del Amo Avenue
Tustin, CA 92680
RE: PETITION OF APPEAL FOR CUP 92-031 AND
SIGN CODE EXCEPTION 92-006;
TUSTIN HEIGHTS SHOPPING CENTER
Dear Ms. Shingleton:
VIA HAND DELIVERY
R E C E I VED
OCT 2 1992
COMMUNITY DEVELOPMENT
BY
We respectively request that the two ( 2 ) items noted above be brought before City
Council for reconsideration. Our appeal is specifically directed at condition
#1.8 for CUP 92-031 as imposed by the Planning Commission at their September 28
hearing, and included in resolution #3093 attached hereto.
Briefly, we are seeking approvals to remodel the shopping center and provide
adequate building signs for the major tenants. The Planning Commission is in
support of the proposed remodel, and in fact has approved the building signage.-
however,
ignage;however, they are requiring the removal or major size reduction of the existing
pylon sign.
At the urging of the Planning Department, the pylon sign (originally intended to
remain untouched) has been included in the remodel. Our intent is to wrap the
supports with new panels; giving a whole new look, while minimally modifying the
existing structure.
We are spending a great deal of money to improve the centers appearance. The
cost to change out the pylon sign was not included in this budget. The proposed
remodel has attracted new anchor tenants, which will improve traffic for other
merchants in the center and generate revenues for the City of Tustin. However,
if we are unable to remodel these tenants may cancel their leases. Part of the
attraction for these tenants was that even though these stores in our center are
not visible from Newport Blvd., the pylon sign is. In addition, our lease
agreement with Ralphs does not allow us to make modifications to the center,
which includes the pylon sign, without their approval.
If we were unable to remodel the shopping Center in order to preserve the
existing sign, it is our opinion that the Tustin Heights Shopping Center, as a
whole, would be in economic jeopardy and would become a major problem not only
for us, but for the City of Tustin as well.
1630 South Sunkist
Suite A
Anaheim, CA 92806 ATTACHMENT B
(714) 634-4664
FAX No. (714) 634-2680
Ms. Christine Shingleton
October 2, 1992
Page 2 of 2
Our proposal will not increase building area on site, and is being done strictly
to improve customer and tenant interest in the shopping center. The loss of our
existing pylon sign would run counter to this goal.
This remodel will benefit the surrounding community by upgrading the appearance
of the shopping center; however, we will find it extremely difficult to proceed
with the conditions imposed and will respectfully request that they be removed.
Sincerely, -
RREEF
log M - W Efil RUMA-1 a
Robert Hedmond
Operations Manager
RH:gb
cc: Becky Stone - City of Tustin, Asst. Planner
Vickie L. Dewey - RREEF
Brian Wolf