HomeMy WebLinkAboutPH 1 APPEAL CUP 90-1 05-21-90DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
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MAY 21, 1990
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC HEARING N0. 1
5/21/90
Inter - Com
APPEAL OF PLANNING COMMISSION ACTION ON CONDITIONAL USE
PERMIT 90-1
CARL KARCHER ENTERPRISES
1200 N. HARBOR BOULEVARD
ANAHEIM, CALIFORNIA 92803
LOCATION: 14041 NEWPORT AVENUE (AT THE I-5 FREEWAY)
ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT (CLASS II)
RECOMMENDATION
It is recommended that the City Council uphold the Planning
Commission action by adoption of Resolution No. 90-52.
A 24 foot high, 50 square foot freeway identification sign is
adequate for freeway visibility. Approval of a sign exceeding this
size and height will not only set a precedent, but will also be
contrary to the efforts, the City has previously made in removing
tall, unsightly freeway oriented signs.
BACKGROUND
At their regular meeting on April 9, 1990, the Planning Commission
approved Resolution No. 2747(b) allowing a 24 foot high, 50 square
foot identification sign for Carl's Jr. (Attachment A). The
Planning Commission decision was a compromise which reduced the
size and height of the sign to 24 feet high and 50 square feet from
the original requested 35 foot height and 72 square foot sign area.
The sign is proposed to be located adjacent to the I-5 freeway
approximately 210 feet west of the intersection of the freeway off -
ramp at Newport Avenue within the CMS commercial development
project.
In approving the design for the CMS commercial development, the
Planning Commission authorized a center identification sign along
City Council Report
Conditional Use Permit 90-1
Page 2
Newport Avenue at the main entrance to the project. As a part of
the monument display, a tenant identification directory is proposed
on which Carl' s Jr. would be provided space of up to six ( 6 ) square
feet. Three additional wall signs were also approved for Carl's
Jr. Restaurant. These three wall signs are located on the freeway
facing elevation (24 square feet in area), Newport Avenue facing
elevation (45 square feet in area), and the parking lot facing
elevation (18 square feet area) respectively.
DISCUSSION
The applicant contends that a 35 foot high, 72 square foot sign is
necessary for freeway visibility. The applicant has stated that
due to grade differential and vegetation along the freeway that
additional height is necessary as the sign is freeway oriented.
In reviewing the applicant's original request, the Planning
Commission felt that a 24 foot high, 50 square foot sign would be
adequate for the following reasons:
1. Visibility - The Commission acknowledged that the property
owner has an agreement with Cal -Trans to trim the freeway
vegetation. The Commission suggested it is incumbent that the
applicant secure an agreement with the property owner to
maintain trimming of the vegetation. It was noted by staff
that as a result of the freeway widening project, the
vegetation in question would be completely removed within two
(2) years. The Council should be aware that the applicant
could also get an encroachment permit from Cal -Trans if they
wished to ensure adequate trimming of the trees.
The Commission noted that the 24 foot sign reaches to the
level of the freeway and by the time the traveler reaches the
off -ramp they are face-to-face with the sign thereby providing
adequate visibility.
The applicant also contended that additional visibility is
needed because as much as 30 to 40 percent of total revenue
from restaurants can be derived from the drive-thru facility.
The Commission noted however that there is no evidence as to
how much drive-thru patronage is derived from freeway users.
2. Safety - The Commission not only addressed the issue of the
height of the sign by focussing upon visibility, but also
voiced a concern with the safety aspects of a tall sign. The
Commission noted that given the traffic on the freeway at the
off -ramp location and in proximity to a major interchange at
the SR -55 and I-55, it would be difficult and dangerous to
Community Development Department
City Council Report
Conditional Use Permit 90-1
Page 3
negotiate lanes for exiting on an impulse or from faster lanes
of the freeway - nor would it be desirous to do so. The
Commission noted that customers who wanted nourishment would
have anticipated and made the decision to exit the freeway for
food and would be in the slow lane.
3. General Plan The Commission voiced a concern with approving
additional freeway -oriented pole signs particularly in regards
to new tenants or enlargement of freeway signs where they
could remain in perpetuity despite change of tenancies. The
Scenic Highway Element of the General Plan addresses this
issue by stating that "Signs oriented towards the freeway
system shall be limited in square footage and height and shall
be in compliance with the City of Tustin Sign Ordinance".
4. Size of Sign - Consistency with the Sign Code and precedence
was an issue discussed by the Commission. Because the
proposed sign is for a single tenant and not combined with
other uses, the Commission felt a reduction in the cabinet
size from 72 square feet per face to 50 square feet per face
was appropriate. This reduction is consistent with similar
identification pole signs within the Tustin Sign Code which
allows for 50 square feet as the maximum size for a
freestanding pole sign to be used for center identification
and also reinforces General Plan statements about limiting the
height and size of freeway signs.
5. Precedent - In conjunction with Commission concern regarding
reluctance to approve freeway signage which appear to remain
in perpetuity, there is the issue of precedent setting. The
Commission acknowledged past efforts to remove tall freeway
oriented signs. Approval of a 35 foot high sign would be
contrary to city efforts to improve Tustin's freeway image.
It is important to note that the Planning Commission did
approve a freeway oriented sign that will give the applicant
adequate visibility to attract customers. This sign is in
addition to the four other signs previously approved
advertising Carl's Jr.
Community Development Department
City Council Report
Conditional Use Permit 90-1
Page 4
CONCLUSION
Given the Planning Commission's findings regarding the issues
associated with the height and size of the sign it is recommended
that the City Council uphold the Planning Commission's action to
approve a 24 foot height, 50 square foot identification sign.
4,1�
Susan Tebo
Senior Planner
CAS:SKT:kf
Christine Shingleton
Director of Community Development
Community Development Department
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RESOLUTION NO. 90-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S ACTION APPROVING CONDITIONAL USE
PERMIT 90-1.
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 filed by Carl Karcher
Enterprises to request authorization to install a 35 foot
high, 72 square foot identification pole sign, with
"Drive -Thur" 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
Commission 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 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. The use applied for is in conformance with the
tustin Sign Code {Section 9481(f)l.
3. That the proposed sign is architecturally compatible
with the design of the Tustin Freeway Shopping
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Resolution 90-52
Page 2
II.
Center where the sign is to be located.
4. The height (24 feet) and area (50 square feet) of
the sign are reflective of the goals of the Scenic
Highway Element of the General Plan.
5. Comparable type signs in similar zoning districts
allow for a maximum area of 50 square feet.
F. 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 in that the Planning Commission has limited the
height and size of the sign below the original applicants
request to minimize impact on adjacent properties and
improvements.
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
requirements of the California Environmental Quality Act.
I. Final development plans shall require the review and
approval of the Community Development Department.
The City Council hereby upholds Conditional Use Permit 90-1
to authorize a 24 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 24 foot
high, 50 square foot, 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 Resolution 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
submitted to insure requirements of the Uniform Building
Codes, State Handicap and Energy Requirements are
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Resolution 90-52
Page 3
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.
E. 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.
F. 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.
G. 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 21st day of May, 1990.
MARY E. WYNN
City Clerk
RICHARD B. EDGAR
Mayor
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Resolution 90-52
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO. 90-52
CERTIFICATION
SS
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 ; that the above and foregoing Resolution No. 90-52
was duly and regularly introduced, passed and adopted at a regular
meeting of the City Council held on the day of ,
1990, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCIL4EMBER ABSENT:
Mary E. Wynn, City Clerk
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281
RESOLUTION NO. 2747(b)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING A 24 FOOT HIGH, 50 'SQUARE
FOOT POLE SIGN WITH "DRIVE-THRU" IDENTIFICATION
VERBIAGE ON THE FACE OF THE SIGN AT 14041 NEWPORT
AVENUE AT THE I-5 FREEWAY.
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 for Use Permit 90-1 and
Variance 90-7, has been filed by Carl Karcher
Enterprises to request authorization to install a
24 foot high, 50 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.
C. 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. The use applied for is in conformance with the
Tustin Sign Code {Section 9481 (f)}.
3. That the proposed sign is architecturally
compatible with the design of the Tustin
Freeway Shopping Center where the sign is to
be located.
4. The height and area of the sign are reflective
of the goals of the Scenic Highway Element of
the General Plan.
5. Comparable type signs in similar zoning
districts allow for a maximum area of 50 square
feet.
D. That the establishment, maintenance, and operation
of the use applied for will not be injurious or
detrimental to the property and improvements in the
ATTACHMENT A
W
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Resolution No. 2747(b)
April 9, 1990
Page 2
neighborhood of the subject property, nor to the
general welfare of the City of Tustin in that the
Planning Commission has limited the height and size
of the sign below the original applicants request
to minimize impact on adjacent properties and
improvements.
E. That granting of the Variance fo'r "Drive-Thru"
identification will not constitute a grant of
special privileges inconsistent with other
properties in the vicinity and commercially zoned
properties in that there are other 20-25 foot high
signs in the vicinity.
F. These are special circumstances applicable to the
property that deprive the subject property of
privileges enjoyed by other properties in the
vicinity under similar circumstances in that over
40% of the business revenues associated with the
Carl's Jr. use are a result of drive-thru business.
There are other drive thru businesses in commercial
districts in the City that have large drive-thru
signage. The project site is also located
immediately adjacent to the freeway which allows for
drive-thru capacities not realized by other
businesses along Newport Avenue due to the freeway
market and unique visibility vantage point.
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 requirements of the California Environmental
Quality Act.
I. Final development plans shall require the review and
approval of the Community Development Department.
II. The Planning Commission hereby approves Conditional Use
Permit 90-1 and Variance 90-7 to authorize a 24 foot
high, 50 square foot pole sign, with "Drive-Thru"
identification verbiage, 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
1 RESOLUTION NO. 2747(b)
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING A 24 FOOT HIGH, 50 SQUARE
3 FOOT POLE SIGN WITH "DRIVE-THRU" IDENTIFICATION
VERBIAGE ON THE FACE OF THE SIGN AT 14041 NEWPORT
4 AVENUE AT THE I-5 FREEWAY.
5 The Planning Commission of the City of Tustin does hereby
resolve as follows:
6 I. The Planning Commission finds and determines as follows:
7
A. That a proper application for Use Permit 90-1 and
8 Variance 90-7, has been filed by Carl Karcher
Enterprises to request authorization to install a
9 24 foot high, 50 square foot identification pole
sign, with "Drive-Thru" identification on the face
10 of the sign, at 14041 Newport Avenue.
11 B. That a public hearing was duly called, noticed and
held for said application on April 9, 1990.
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C. That establishment, maintenance, and operation of
13 the use applied for will not be detrimental to the
health, safety, morals, comfort, or general welfare
14 of the persons residing or working in the
neighborhood of such proposed use, in that:
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1. The site is located in a PC -Comm. - Planned
16 Community Commercial Zoning district, and the
proposed sign advertises a use allowed in the
17 PC -Comm. - Planned Community Commercial Zoning
District.
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2. The use applied for is in conformance with the
19 Tustin Sign Code {section 9481 (f)}.
20 3. That the proposed sign is architecturally
compatible with the design of the Tustin
21 Freeway Shopping Center where the sign is to
be located.
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4. The height and area of the sign are reflective
23 of the goals of the Scenic Highway Element of
the General Plan.
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5. Comparable type signs in similar zoning
25 districts allow for a maximum area of 50 square
feet.
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D. That the establishment, maintenance, and operation
27 of the use applied for will not be injurious or
detrimental to the property and improvements in the
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Planning Commission Minutes
April 9, 1990
Page 2
RECOMMENDATION - Staff recommends that the Planning Commission
adopt Resolution No. 2764 denying the requested modification to the
exterior building elevations, originally approved by Design Review
89-08.
Commissioner Baker movedx Le Jeune seconded to approve the consent
calendar. Motion carried 3-0.
PUBLIC HEARINGS
3. USE PERMIT 90 -1, -VARIANCE 90-7
APPLICANT:
CARL KARCHER ENTERPRISES
1200 N. HARBOR BOULEVARD
ANAHEIM, CALIFORNIA 92803
PROPERTY
OWNER:
CODY SMALL
CMS DEVELOPMENT
3100 AIRPORT LOOP DRIVE; A-3
COSTA MESA, CALIFORNIA 92626
LOCATION:
14041 NEWPORT AVENUE (AT THE I-5 FREEWAY)
LEGAL
DESCRIPTION:
ASSESSOR'S PARCEL # 402-371-1-3 AND MORE
SPECIFICALLY AS 10T 1 , 2 AND 3 OF THE NEWPORT AVENUE
TRACT; A PORTION OF LOT 15 IN BLOCK D OF BALLARD'S
ADDITION; AS SHOWN ON MISCELLANEOUS MAPS AND RECORDS
IN THE OFFICE OF THE COUNTY RECORDER
ZONING:
PC COMMERCIAL - PLANNED COMMUNITY COMMERCIAL
ENVIRONMENTAL
STATUS:
CATEGORICALLY EXEMPT (CLASS 11)
REQUEST:
AUTHORIZATION TO INSTALL A 35 FOOT HIGH 72 SQUARE
FOOT ALUMINUM CABINET BUSINESS IDENTIFICATION WITH
"DRIVE-THRU" DIRECTIONAL SIGNAGE LOCATED ON THE POLE
SIGN FACE
RECOMMENDATION - It is recommended that the Planning Commission
either: 1. Deny Use Permit 90-1 and Variance 90-7 by the adoption
of Resolution No. 2747, as submitted or revised;or, 2. Approve
Use Permit 90-1 as revised by staff regarding location, orientation
and size by the adoption of Resolution No. 2747(b), as submitted
or revised.
Presentation: Susan Tebo, Senior Planner
Commissioner Le Jeune asked if the three signs with "Drive-Thru"
n„ thpn wPrP all legal. non -conforming signs.
Planning Commission Minutes
April 9, 1990
Page 3
Staff replied that the monument sign for Taco Bell on 17th Street
was approved as a monument sign with "Drive-Thru", not as a pole
sign.
The Director noted that "Drive-Thru" as a directional sign is not
prohibited, but must conform to the Sign Code requirements of being
six (6) square feet, or not to exceed four (4) feet in height, and
to only one per street entryway; monument signs are mostly less
than five (5) feet in height and limited to six (6) square feet;
however, the applicant is asking for a 35 foot pole sign, up in the
air, and not to the standards of the Sign Code.
The Public Hearing was opened at 7:10 p.m.
Mr. John Baker, Carl Karcher, Enterprises, noted that their intent
and desire is to work with the City of Tustin; they are only asking
for a sign that fully fits within the Sign Code; they are not
asking for a Variance, and personally took offense to the inference
that they are asking for an "unsightly" sign; he reiterated their
reasoning for opening the new facility; and noted that they want
to keep up with the growth and demands of Tustin; the site was
chosen because it provides freeway visibility and access for an
added customer base; and he agreed that the 35 foot sign could be
an inaccurate depiction, but that they have proven that a 24 foot
sign would be useless. He presented artists conceptual drawings
to conclude that 35 feet was accurate; noted that the Marie
Calendar's sign would provide the same visibility that they are
seeking; and that "Drive-Thru" is detrimental to the success of the
new store.
Mr. Jack Vodrey, Carl Karcher Enterprises ( and a resident of Tustin
for 21 years), noted that he was one of the committee members that
drafted the current sign ordinance; that the original ordinance
was a weak document that left conclusions up to individual
interpretations of staff members; he contributed most of the
technical data; and he uses Tustin's Sign Code as an example in
other cities, as it is one of the best in the state. He read from
the Sign Code: "An identification sign means any sign referring
to the name, service, or trade of the business." He indicated that
the original intent of that statement was to limit the verbage on
the sign to the logo, the name, and their service; that most of the
signs in the city conform to this concept; that Carl's Jr. Drive-
Thru fits the criteria; he felt that there was nothing in the
ordinance that indicates that "Drive-Thru' is prohibited; that
staff is interpreting the Sign Code in a liberal manner as they see
it; the Code states that there can be the name, service, or trade
of the business, but cannot include the name of specific products
or brand names. He stated that he was grieved to see staff members
Planning Commission Minutes
April 9, 1990
Page 4
perverting the ordinance to their own will; and suggested that
"Drive-Thru" be allowed as a service.
Mr. Dan Glurae, vi.ch, Regional Director of Operations for all Orange
County Carl's Restaurants, noted that their goal is to bring the
new restaurant up to a current status; that out of the 60
restaurants he represents, the ones with the drive-thru provide 43%
of their business from the drive-thru; they feel that this is a
positive location due to the success of their location nearby, and
due to the spontaneous purchases made by people noticing their
freeway sign; and that it was very critical to the operators to be
visible, and to let the guests know that there is a drive-thru for
their convenience.
Mr. Robert Aran, Attorney on behalf of Carl Karcher Enterprises,
and State Counsel to the California Electric Sign Association and
the Sign Users Council of California, addressed the staff's
comments: He noted that precedents are not set because one person
is allowed, under certain circumstances, a sign that is a different
height than another's; there are no such things as precedents; that
staff should be concerned that the general welfare of the area
residents are not affected by what is asked for; that the City has
the right to reasonably exercise the power to regulate the time,
manner and location of the signage of the community; but that the
City does not have the power to control sign form of content; that
by not allowing "Drive-Thru" the staff is controlling the content
of the sign, which is not permitted by law. He commented that,
unless the staff had owned a restaurant, their conclusion that a
24 foot sign was enough was unjustified. He also noted that by the
time Cal Trans has completed their work, it is conceivable that
this restaurant will not have generated enough business because it
was unable to advertise properly by the identification of "Drive-
Thru". Based on his analysis, the applicant's request is
reasonable.
Mr. Chester Maharaj, 15622 California Street, Tustin, noted that
he felt that it was time that Tustin re -looked at its ordinances
because of all of the changes occurring in the City; that big
business should not be able to "bull -doze" their way and get what
they think they want; that the citizens have to live here; that the
staff has done a good job by suggesting a 25 foot sign; that,
aesthetically, the applicant's request is not right. After looking
at the presentation, he noted that the two photographs are
different, one with a wide-angle lens, and one with a medium
telephoto lens. He also noted that he felt that the City Council
(sic) should be careful in passing things like this, as it is easy
for a business to "bull -doze" in, but that the citizens have to
live with it.
Planning Commission Minutes
April 9, 1990
Page 5
The Public Hearing was closed at 7:35 p.m.
Commissioner Baker noted that there were a lot of comments
questioning staff's presentation and asked for a confirmation from
the City Attorney.
Ms. Lois Jeffrey, City Attorney, affirmed that the presentation is
correct; that the presenter's for Carl Karcher's have a different
interpretation of the City's Code and that they are entitled to
make that argument; however, based on the Attorney's office
analysis, they support staff's interpretation.
Commissioner Baker asked what Cal Trans would be doing at this
location; and asked for a confirmation of the number of signs that
the applicant will have.
Staff replied that the freeway widening would be initiated at this
location within two (2) years; that the property owner could trim
the trees to six ( 6 ) feet, and that the photographs are misleading;
and that they will have three (3) building signs, a monument sign,
and the pole sign.
The Director replied to the applicant's presentation: 1) regarding
qualifying for a freeway sign --this is not an outright permitted
use, the decision regarding the sign and its content is up to the
discretion of the Planning Commission; 2) regarding the content of
"Drive-Thru"--staff is not indicating that it is inappropriate
signage, but is permitted on street frontages with up to six (6)
square feet per sign face; that the applicant's statement from the
previous meeting's tape that the purpose of the sign was to "direct
the pedestrian and vehicular traffic", met the exact definition of
the Sign Code's definition of a directional sign; and 3) regarding
Mr. Aran's representation of staff's abilities --She felt that it
was a bit of an arrogant position; that Carl Karcher's owes the
staff an apology; that they have the ability to make decisions of
this nature; and that they are looking out for the best interest
of the Community.
Commissioner Le Jeune asked if a representative from CMS was
present.
Staff noted that they preferred not to be involved; they have
negotiated a lease with the applicant.
Commissioner Le Jeune asked the applicant if they had signed a
lease with the developer.
Planning Commission Minutes
April 9, 1990
Page 6
Mr. Baker replied that they have not signed a lease, as yet; that
the developer had no schedule for trimming the trees; that the
situation between Carl's Jr. and the developer is changing, and
that Carl's Jr. may purchase the property.
Commissioner Kasparian asked the applicant for his reaction to
staff's comments regarding Cal Trans trimming the trees.
Mr. Baker replied that their main concern is Cal Trans' timetable
which seems to be moving and is far behind the applicant's
timetable to develop; that trimming is an option that might be
available; the trees will grow back; and that they have to make a
decision on this major investment prior to knowing how the trees
will affect the sign.
Commissioner Kasparian asked for a clarification as to whether or
not the applicant has permission to trim the trees.
Mr. Baker replied negatively.
Staff replied negatively, as well, and noted that CMS Development
has the permission to trim the trees; that she has spoken to Cal
Trans and CMS Development; and that she has a copy of the permit.
Commissioner Kasparian asked the applicant if they had an agreement
with the property owner to trim the trees; and why not, if it was
so important.
Mr. Baker replied that the development is changing dramatically
relative to Carl's Jr.; they may have less control to trim; CMS
told Carl's that they do not intend to trim the trees if they do
not have to, as it would incur a $22,000 expense; that there are
safety problems involved; and that it must be coordinated with Cal
Trans.
Commissioner Kasparian noted that even if the 35 foot sign is
approved, the trees are going to grow; and if there is no control
in the future, they would be having the same problem.
Mr. Baker agreed and noted that he did not know the nature of the
growth of these trees.
Commissioner Kasparian asked if the sign was intended to be
oriented to draw in traffic from Tustin or the freeway.
Mr. Baker replied that it was to draw in freeway traffic; and that
any comment he made to the contrary on previous tapes must have
been a misstatement.
Planning Commission Minutes
April 9, 1990
Page 7
Commissioner Kasparian asked if one of the photographs show that
even at 35 feet the sign is partially hidden.
Mr. Baker affirmed, and noted that they were only asking for the
minimal amount that they required.
Commissioner Le Jeune commented that in the past he has voted
against freeway oriented pole signs due to new tenants expanding
them and leaving them there forever.
Commissioner Baker noted that the 24 foot sign reaches to the level
of the freeway; that by the time they reach the off -ramp, people
are face-to-face with the sign; he feels that there is no need to
go to the higher sign; that it is difficult to negotiate the lanes
at that point for exiting on impulse; and that the customers they
will attract will probably have already made the decision to get
off the freeway for food or fuel.
Commissioner Kasparian noted that he is also in favor of signage
appropriately done; that the 24 foot sign would be adequate; and
that it is incumbent on the applicant to deal with .the property
owner to keep the trees trimmed. He also noted that he was in
favor of the "Drive-Thru" reference on the sign as it might be
recognized as a particular feature of some customers.
Mr. Baker asked for time to rebut the comments of the Commission.
Ms. Jeffrey commented that the public hearing would have to be re-
opened; and that a rebuttal session was inappropriate.
Commissioner Kasparian moved, Baker seconded to approve Use Permit
90-1 and Variance 90-7 by the adoption of Resolution No. 2747(b),
as submitted. Motion carried 2-1, Le Jeune opposed.
Commissioner Le Jeune introduced Rita Westfield, Assistant
Director.
4. USE PERMIT 90-08
APPLICANT: FERIDOUN REZAI
203 TROJAN STREET
ANAHEIM, CALIFORNIA 92804
OWNER: SAME
LOCATION: 15642 PASADENA AVENUE
ZONING: R-3, MULTIPLE FAMILY RESIDENTIAL
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