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HomeMy WebLinkAboutCC RES 04-13The I. RESOLUTION NO. 04-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY SIGN CODE EXCEPTION 03-001, A REQUEST TO MODIFY AN EXISTING ~ EXISTING 216 SQUARE FOOT Szi~t AVENUE ~ ~/ ~ T s a follows: a ~er application, Si~n Code fixception 03-00~, was filed :o & Sons, Inc., to appeal the ~lannin~ Commission's denial of request to modi~ an existin~ non-conformin~ pole si~n by mplacin~ the existin~ 2~ square foot si~n cabinet with a ~33 square foot cabinot si~n at ~ 3872 Red Hill Avonue. B. That the Planning Commission denied this item on December 8, 2003. C. That the City Council considered this item on January 20, 2004. 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- Resolution No. 04-13 Page 1 of 6 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. 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 Resolution No. 04-13 Page 2 of 6 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. 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 City Council hereby upholds the Planning Commission's decision to deny 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 at a regular meeting of the Tustin City Council, held on the 20th day of January 2004. ~S!HIMA ATTEST: PAMELA STOKER, City Clerk Resolution No. 04-13 Page 3 of 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-13 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of January, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution No. 04-13 Page 4 of 6 L©CATI©N APPEAL OF SCE 03-001 LOCATION: 13872 Red Hill Avenue REQUEST: An appeal of the Planning Commission's decision to deny the request for Sign Code Exception 03-001 on December 8, 2003. The request is to modify an existing non- conforming pole sign. A proposed 133 square foot sign cabinet would replace the existing 216 square foot sign cabinet. (Applicant: Donco & Sons, Inc.) Resolution No. 04-13 Page 5 of 6 gOCAT)ON ,~IAP PROJECT NO. ADDRES~ SCE 03-001 LOCATION: 13872 Red Hill Avenue REQUI~ST: To modify an existing non-eonforming pole sign. A proposed 133 square foot sign cabinet would replace the existing 216 square foot sign cabinet on the property located at 13872 Red Hill Avenue. (Applicant: Doneo & Sons, Inc.) Resolution No. 04-13 Page 6 of'6 .................................................