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HomeMy WebLinkAboutNB 2 SIGN CODE 89-1 04-03-89TO: FROM: SUBJECT: APPLICANT'. PROPERTY LOCATION: ZONING: WILLIAH A. HUSTON, CITY HANAGER COIINJNITY DEVELOPHENT DEPARTHENT SIGN CODE EXCEPTION NO. 89-1 FOR TEHPORARY SIGNS IN THE TUSTIN AUTO CENTER TUST[N AUTO CENTER DEALER'S ASSOCIATION C/O EIdILY ZINZER CAHP. BELL PROPERTY SERVICES, [NC. 4100 CAFIPUS DR[YE, SUITE 230 NEk'PORT BEACH, CALIFORNIA 92660 TUSTZN AUTO CENTER (PARCELS 1-10 OF PARCEL HAP 84-1032) PLANNED COH~NITY-COHFIERCIAL RECOBIIENDATION It is recommended that the City Council approve Sign Code Exception 89-1 by adoption of Resolution No. 89-45 as submitted or revised. BACKGROUND A request has been filed for a Sign Code Exception on behalf of the Tusttn Auto Dealer's Association. The requested e-xception is for approval of the use of temporary signs (i.e., banners) for each of the dealers in the Tustin Auto Center. Currently, the sign program for the Auto Center strictly prohibits the use of such signs by any of the dealers. The Auto Center is located in a Planned Community Commercial District which, through the Sign Code, may adopt its own specific sign program which sets up special criteria just for that district. Pursuant to this requirement of the Sign Code, the Irvi.ne Company processed a Conditional Use Permit to establish the Tustin Auto Center Sign Program. This program strtctly prohibits the use of any temporary signs. Since the erection of the pylon sign which faces the freeway, there have been numerous problems with the visibility of the individual dealer names on this sign. Additionally, there are numerous dealers within the Center who have not been placed on the .sign, therefore, these dealers have no freeway frontage L Clt,y Councll Report, Sign Code £xceptton No. 89-1 Apr11 3, 1989 Page ~o identif-lcatJon. To address this issue, the auto dealers have on a sproattc basis, Installed balloons and banners along the freeway. Wh1']e staff has made several attempts to gain compliance from the auto dealers through code enforcement, actlvlt,les, the dealers have come to the Communlty Development Department, wtth the SJgn Code Exception request. Under Section 9470 of t,he Tust,ln Sign Code, the City Counctl may grant, approval for a Sign Code £xceptlon due to unusual circumstances related to the development,, actlvtty or locatlon of t,he proposed signing, subject to any of the following crtt,erla: 1. Subject, property is developed with structural setbacks more than 2 times the mlntmum front setback requirement, of the dtst,rtct; Subject, propert,y frontage ls at least, 75~; of t,he minimum frontage requlrement,s for like signing; ~ 3. Proposed signing does not exceed I in number, nor more than 15% in the area of the aggregrate size of s~gns authorized by the criteria of the district; and 4. The proposed signing would be in substantial conformance with the purpose and intent of the Sign Code and would constitute a health or safety violation. In this regard, the Dealer's Association is requesting an exception to authorize: one (1) temporary sign per dealer. The maximum size for a temporary sign for each dealer could not exceed 15[ of the aggregrate area of signs allowed on the site, or 32 square feet {as noted in item no. 3 above). ANAYLSIS Auto Dealer' s Assocatl on has requested the exception because certain dealerships (Mitsubishi, Toyota, Ford, Hyundai, Lexus and Infinity) do not yet have any freeway identification on the existing pylon sign and also because the existing sign is not readable from the freeway. Until this problem can be corrected, the dealers wish to post banners to alleviate the visibility problem. Staff have reviewed this request and recommends approval based upon certain conditions. Each of these conditions are described in more detail below: - 1. Compliance With Temporary Sign Criteri_a: The Community Development Department, under Section 9481(d) of the Sign Code may authorize temporary signs under certain provisions. All permits are subject to a 30 day permit limit and no more than 4 permits (1 per calendar quarter) may be authorized 'a year. If an exception was granted for the Auto Dealer's Association, each Cornrnuni~y Developrnen~ Departrnen~ ~J Clty Counctl Report Slgn Code Exception No. 89-1 Apr11 3, 1989 Page three dealer would be subject to this criteria. Thls crlterla may be waived tfa conditional use permit is Issued by the Planning Commlsslon. Due to the procedural requirements, ttming and cost, the applicant has only requested a Sign Code Exception at thls ttme. 2. Locatton,._T~pe~and Slze Requirements: Zn addttton to the permlt Issuance crlterl~ discussed above, the Sign Code and temporary use permtt poltcy (as established by the Planning Commission) set certain location, type and size requirements for placement of any temporary stgns. These requirements specify: 1) no roof top stgns are permitted; 2) all stgns shall be securely affixed to a wall or building window surface; 3) no helium or "cold air" balloon are permitted; and 4) all stgns are limtted to one per location and shall be placed on the premises for which they advertise (no off-slte signs are permitted). Without benefit of a revlsed approved Use Permit authorizing certain types of new signs, the dealers must comply with the above requlrements. Staff also suggests that if the exception Is granted, that the use of all temporary stgns be d!scontlnued within a six month period. Withln this time frame, each dealer would be able to obtain t~o (2) temporary use permits for 30 days each. Durlng thts six month period the freeway faclng slgn could be modified. This modification plan on freeway signage is subject to issuance of a Conditional Use Permit and has been slated for the Aprtl 10, 1989 Planning Commission agenda. The Sign Code Exception requested would be for the purposes of issuing one sign per dealer. Thts sign could be no larger than 15% in area of the total aggregrate stze of stgns authorized for each dealer. Additionally, the criteria of the Tusttn Temporary Use Permtt pollcy would also apply. In this case, dealers would limtted to a slgn no larger than 32 square feet. The Tustin Sign Code strictly prohlb?ts the use of any type of off-premise stgnlng. In order to comply with thls requirement, each dealer would be ltmtted to posting their banners upon thelr o~n-prope~.ty. In this regard, the dealers which do not dlrectly face the freeway would still be able to post thetr o~n banner on their own butldtng which faces the interior loop road of the Auto Center. Staff does not consider this particular Issue to be a slgnlflcant problem, due to the fact that a Use Permit application to correct the free~ay facing stgn has been filed and is scheduled for the April lOth Planning Commission meeting. If thls Use Permit Is approved by the Planntng Commission, the Dealer's Association woUld then 'have the authorization to rectify the readability problem of the pylon sign and install a sign or signs which advertise each of the dealers within the Center. 3. Required Permits': As specified in the Tustln Sign Code, each of the dealers would be subject to applying for a temporary use permit. These permits, as mentioned above would be issued under the criteria establised within the. Corn rnunity D~veloprnent Department Clty Counc11 Report Slgn Code Exception No. 89-1 .April 3, 1989 Page four Sign Code as well as the Tustln temporary use permit poltcy.. Each permit Is subject to a $75.00 processing fee and a $50.00 refundable bond must also be posted. This refundable bond is for the purposes of securing compliance from the applicant to ensure the removal of the banner once the permit expires. Staff suggests, based on the previous noncompliance of certain dealers within the Center, that if a dealer fails to remove the stgn at the tlme the permtt expires that the dealer authorizes City staff to go on-site and remove the sign. This would ensure that all dealers would comply with the City Code requirements and that the enforcement of the temporary sign policy is uniform throughout the Ctty. CONCLUSTON While there has been recent problems in the past in gaining compliance with the dealers, staff is confident that the Auto Dealer's Association will be able to work within the requirements outlined herein. With the approval of the .~xception as applied for, each dealer will then have the opportunity to post banner signs on their property for ~wo, 30 day periods over the next 6 months; Based upon the conditions discussed in th~s report and as app'lied in the Exhibit A to' the attached Resolution, staff suggests that the City Council approve Sign Code Exception No. 89-1 by adoption of Resolution No. 89-45. aura . Kuhn /r Seni or P1 anner Christine A. Shingleto~/ Director of Community Development LCK:CAS:ts Attachments: Resolution No. 89-45 Corn munity Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-4b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AUTHORIZING SIGN CODE EXCEPTION NO. 89-1 FOR USE OF TEMPORARY SIGNS IN THE TUSTIN AUTO CENTER.. The City Counctl of the City of Tustin hereby resolves as follows: I. The City Council finds and determines as follows: A. That a proper application, (Sign Code Exception No. 89-01) has been fi led on behalf of the Tustin Auto Center Dealer's Association to request use of temporary banners for each of the dealers in the Tustin Auto Center, Parcels 1-10 of Map 84-1032. B. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of thls 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, evidenced by the following findings: 1. The use of temporary banners is allowed in most areas in the City of Tustin as authorized by the City Sign Code. 2. The use of temporary banners will be for a limited time of 6 months and subject to conditions attached hereto as Exhibit A. C. That the establishment, maintenance, and operation 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, and should be granted. D. This project is ministerially exempt from the California Environmental Qual i ty Act. II. The City Council hereby approves Sign Code Exception No. 89-01 to authorize the use of temporary banners in the Tustin Auto Center, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the day of , 1989. Ursula' E. Kennedy Mayor Mary [. W~nn Secretary EXHIBIT A CONDITIONS OF APPROVAL SIGN CODE EXCEPTION 89-01 Reso]utlon No. 89-45 1. Each dealer site may apply for one Temporary Use Permit In each three month period. Such permits will be allowed for a maximum period of 30 days each. 2. The use of temporary signs is limited to banner type signs of a durable cloth material and shall be professionally made. No balloons or flags are permitted. · 3. The Sign Code Exception authorization is valid for six (6) months only (two three month quarters). Each dealer may apply for one Temporary Use Permit per quarter as follows: a. April 10- July 10 b. July 10 - October 10 One 30 day permit per quarter may be issued and no signs shall be posted after October 10, 1989. A period of 30 days (minimum) Shall be spaced between banner posting periods. 4. Upon expiration of a Temporary Use Permit, the Community Development Department shall notify the permitee, care of certified maii, in advance of the expiration. If such sign is not removed on the expiration date, each dealer hereby authorizes the City of Tustin tO enter upon their property to · remo ye a ny temporary s i gn s. 5. All temporary signs shall be securely affixed to a building wall or window. All signs shall be posted upon the premises for which they serve, no off-site adverti sing i s permitted. 6. A maximum of one banner sign per dealer will be allowed. Such banner shall not exceed 32 square feet in size. . Should, for any reason, a dealer violate the conditions contained herein or any requirement of the Tustin Sign Code, they shall waive their right to apply for any temporary signs in accordance with Sign Code Exception No. 89-01.