HomeMy WebLinkAboutPC RES 3903RESOLUTION NO. 3903
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, DENYING SIGN CODE
EXCEPTION 03-001, A REQUEST TO MODIFY AN
EXISTING NON-CONFORMING POLE SIGN BY
REPLACING THE EXISTING 216 SQUARE FOOT SIGN
CABINET WITH A 133 SQUARE FOOT CABINET SIGN
AT 13872 RED HILL AVENUE.
The Planning Commission hereby finds and determines as follows:
That a proper application, Sign Code Exception 03-001, was filed
by Donco & Sons, Inc., requesting authorization to modify an
existing non-conforming pole sign by replacing the existing 216
square foot sign cabinet with a 133 square foot cabinet sign at
13872 Red Hill Avenue.
That the proposed project would require approval of a sign code
exception by the Planning Commission pursuant to Tustin City Code
Section 9405c prior to implementation.
That the Planning Commission considered this item on December 8,
2003.
That this project is Categorically Exempt (Class 11) pursuant to
Section 15311 of the California Environmental Quality Act.
That pursuant to the criteria set forth in Sign Code Section 9405c, the
following findings support denial of the request for a sign code
exception:
Sign size and placement restrictions of the sign code shall be
as closely followed as practicable.
The Tustin Sign Code does not permit freeway pole signs for
service stations that are not located immediately adjacent to
the freeway right-of-way. In addition, businesses that are
eligible for freeway pole signs would be limited to a maximum
height of twenty-four (24) feet and sign area of fifty (50) square
feet. The proposed sign would be seventy-one (71) feet in
height with a 133 square foot sign area and far exceed the
parameters of other permitted pole signs.
In addition, the Tustin Sign Code provides clear direction that
non-conforming signs may only be maintained and not altered.
As expressly prohibited, the proposed sign would 1) modify a
non-conforming sign to another non-conforming sign since a
pole sign is not permitted at the project site; 2) result in
structural alterations that would create an updated appearance
consistent with Mobil Oil Company's current image that would
extend the useful life of the sign; and, 3) alter the size and
shape of the sign by reducing the overall dimensions of the
sign cabinet by thirty-eight (38) percent and eliminating the
individual letter cabinets and replacing them with a single
cabinet and sign face. While reducing the overall size of a
non-conforming sign may seem desirable, the height of the
sign will remain approximately the same (i.e., one foot
reduction) and the Tustin Sign Code does not authorize any
change in size or design of a non-conforming sign even if it
would decrease its nonconformity.
The intent and purpose of the sign regulations of the land use
zone in which the sign is to be located shall be followed as
closely as practicable.
Resolution No. 3903
SCE 03-001
Page 2
The proposed sign is not permitted at the project site and
deviates significantly from the non-conforming provisions of
the Tustin Sign Code as described above. The restrictions on
permitted freeway pole signs are intended to provide for
reasonable signage for freeway-oriented businesses offering
food, lodging, or automobile services but to prevent the
proliferation of signs on all properties with freeway visibility. In
addition, the intent of the Tustin Sign Code is to allow the
existing pole sign to be maintained in good repair to continue
to provide business identification for the service station, not to
allow the pole sign to be significantly altered, improved, or
updated to extend its useful life and preclude replacement with
conforming signs over time. As such, the proposed sign does
not follow the intent and purpose of the sign regulations for
freeway-oriented pole signs or non-conforming signs.
There are special circumstances unique to the property to
justify the exception.
The property is similar to other single-tenant commercial
properties that are visible from the freeway and provide
automobile-oriented services, and there are no special
circumstances unique to the property which preclude
compliance with the Tustin City Sign Code or justify an
exception.
Granting the exception will not have a negative impact on the
surrounding properties.
Granting an exception to provisions that explicitly prohibit
modifications to non-confirming signs will set a negative
precedent for the treatment of other pole signs within the
community. There are a number of non-conforming pole
signs along Red Hill Avenue, Newport Avenue, and First
Street that could be the subject of similar requests for
replacement, and if approved, could further perpetuate the
continued existence of pole signs throughout the community.
o
The sign application promotes the public, health, safety,
welfare, and aesthetics of the community and that the granting
of the exception meets findings and the intent of the sign code.
For the reasons outlined under items 1 through 4 above, the
proposed sign application does not promote a community
benefit and granting the exception would erode the intent of
the Tustin Sign Code.
II.
The Planning Commission hereby denies Sign Code Exception 03-001, a
request to modify an existing non-conforming pole sign by replacing the
existing 216 square foot sign cabinet with a 133 square foot cabinet sign
at 13872 Red Hill Avenue.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 8th day of December, 2003.
~ Li~.Oa C. Jennin~
Chairperson /_~ (~
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3903
SCE 03-001
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
Resolution No. 3903 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 8th day of December, 2003.
ELIZABETH A. BINSACK
Planning Commission Secretary