HomeMy WebLinkAboutCC RES 90-0521
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RESOLUTION NO. 90-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING
COMMISSION DECISION ON CONDITIONAL USE PERMIT
90-1 TO ALLOW A 35 FOOT HIGH, 50 SQUARE FOOT
IDENTIFICATION POLE SIGN.
WHEREAS, the City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
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-Thru" identification on the face of the sign, at
14041 Newport Avenue.
Be
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.
That an appeal of the Planning Commission's action has
been filed by Carl Karcher Enterprises.
That a public hearing to consider the appeal of said
application was duly called noticed and held by the City
Council on May 21, 1990.
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:
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.
That the proposed sign is architecturally compatible
with the design of the Tustin Freeway Shopping
Center where the sign is to be located.
3. The sign area (50 square feet) of the sign is
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Resolution 90-52
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reflective of the goals of the Scenic Highway
Element of the General Plan.
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 City Council has required the re-
evaluation of the height of the pole sign upon completion
of freeway improvements adjacent to the property boundary
since a twenty four (24) foot high sign may reach to the
level of the freeway and be visible to the traveler and
the traffic volumes on the freeway at the off-ramp
location and in proximity to a major interchange at the
SR-55 and 1-55 are such that a tall sign over a lengthy
time frame may contribute to a difficult and dangerous
situation should the traveler wish to negotiate lanes
from faster lanes and exit on an impulse.
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.
This project is categorically exempt (Class 3) from the
requirements of the California Environmental Quality Act.
Final development plans shall require the review and
approval of the Community Development Department.
The City Council hereby modifies the Planning Commission's
decision on Conditional Use Permit 90-1 and authorizes a 35
foot high, 50 square foot pole sign at 14041 Newport Avenue
subject to the following conditions:
The sign shall be constructed and installed pursuant to
the submitted plans as herein modified showing a 35 £oot
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.
Sm
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
Resolution 90-52
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Go
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submitted to insure requirements of the Uniform Building
Codes, State Handicap and Energy Requirements are
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.
Prior to issuance of a building permit for the sign, the
applicant and owner(s) of the subject property shall
enter into an agreement with the City in which they agree
to reduce the height of the sign as to a height
determined by recommendation of the Planning Commission
and to the City Council (but to a height of not less than
twenty four feet) after completion of freeway widening
improvements have been made to the south side of I-5
Freeway adjacent to the subject property, said
reconsideration shall take place not later than ninety
(90) days after completion of said improvements. Said
agreement shall be a covenant to run with the land
supported by a surety bond for a period of not longer
than five (5) years, each to be in form and content
satisfactory to the City Attorney.
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.
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.
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 18th day of June, 1990.
RICHARD B. EDGAR / "
Mayor
-'x~% ~, .:: ..... \.
MARY E. WYN!,
City Clerk
Resolution 90-52
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION
SS
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]9., COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
1~! COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
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RESOLUTION NO. 90-52
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 l~i.h day of Jun~ ,
1990, by the following vote:
Mary E. ~ynn,~.~,..C±ty Cler~
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