HomeMy WebLinkAboutCC RES 89-157
RESOLUTION NO. 89-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S ACTION TO DENY A PORTION OF VARIANCE
89-10, A REQUEST TO AUTHORIZE A) TENANT
IDENTIFICATION MONUMENT SIGN TWO FEET FROM FRONT
PROPERTY LINE; B) OFF-PREMISE WALL SIGNS; AND C)
REAR WALL SIGNS TO BE 75 SQUARE FEET IN SIZE,
LOCATED AT 13911 CARROLL WAY
The Clty Council of the Clty of Tustin does hereby resolve as follows:
I. The City Council finds and determines as fol lows:
A. That a proper application Variance 89-10 has been filed on
behalf of Tustln Retail Limited, requesting approval to
install a tenant identification monunmnt sign within the
front setback and requesting approval of signs exceeding the
size limitations at 13911 Carroll Way.
B. That a public hearing was duly called, noticed and lheld for
said application on August 28, 1989, by the Planning
Commission, at which tinm the Commission adopted Resolution
No. 2669 denying a portion of Variance 89-10.
C. That an appeal of the Planning Comission's action has been
filed by Tustin Retail Limited.
D. That a public hearing to consider the appeal of said action
was duly called, noticed and held on October 16, 1989.
E. That the City Council has reviewed the request for a 35
square foot monunmnt sign to be located two (2) feet from
the front property line and has determined that the Variance
from the standards cannot be supported by the following
findings:
1. There are no exceptional circumstances applicable to
the subject property which deprive this property of
privileges enjoyed by others in the vicinity and under
similar ctrcun~tances in that the site is of a'regular
shape, topography and size similar to others in the
vicinity and no Other property along 17th Street has a
tenant identification n~nument sign of this size which
is parallel to or located within 2 feet from the front
property line.
2. There are no conditions that could be applied to this
sign that will assure that a two (2) foot setback will
not constitute a grant of special privileges
inconsistent with limitations upon other properties in
the vicinity in that the size, height and location of
the sign close to the access drive, sidewalk, street
and freeway interchange create a cluttered streetscape
and potential traffic hazard.
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Resolution No.
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89-157
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The granting of a Vartance to permtt the monument slgn
to be two feet from the front property 11ne would be
materially detrimental to adjacent and surrounding
properties, tn that a two (2) foot setback for the
monument stgn located adjacent to the drtveway wtll
constitute a vlsual traffic hazard, w111 reduce the
visual stght distance and ls w(thln an area of future
s tree t wt den tng.
The grantlng of thts Vartance would be contrary to the
goals and policies of the General Plan In that the
goals of the Circulation Element are to coordinate the
circulation system wlth planned land uses and to
promote the safe and effective movement of traffic.
That the Clty Counctl has revlewed the request to permtt
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off-premise business Identification wall signs on the west
side of Butldtng[, and to exceed the slze limitations for
the slgns located on the west stale of Butldlng [, and has
determined that a Vartance from the standards cannot be
supported for the fo1 lowtng reasons:
Ze
There are no unusual or exceptional circumstances
applicable to the shape, stze, topography, locatton or
lntended use of the subject property whtch do not
necessarily apply to other properties tn the same
zoning dlstrtct In that the subject property could be
developed wlth stgns that meet the. stze limitations of
the "Tusttn $1gn Code and provide for adequate
visibility.
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Granting the requested Variance would convey a special
privilege to the property owner whtch ts not enjoyed by
other property owners In the same zontng district In
that all other property owners must comply, with the
requirements of the Zoning and $1gn Codes when
developing or alterl,ng their sttes.
The granting of this Variance may be materially
detrimental to adjacent and surrounding properties, in
that the increased size of signs on the subject
property may result in a visual and aesthetic nuisance
to traffic and neighboring properties. In addition,
approval of the Variance will set a precedence for
other commercial shopping centers on Seventeenth
Street.
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Resolution No. 89-157
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4. The grantlng of thts Variance would be contrary to the
General Plan In that the Scenic Htghways £1ement of the
General Plan requires that stgns orlented toward the
freeway .system shall be In compliance wtth the. Ctty of
Tusttn Stgn Ordinance.
G. That the request lnc]udes a Use VarJance to permtt the
off-premises stgns on the rear of Bulldlng ! whlch ts not
p'ermttted by State Planning Law.
II. The Ctty Council .hereby upholds the Planntng Commission action to
deny.a p°rtlon of :Variance 89-~0 a request to authorize: a)
tenant lde'nttflcatlon monument stgn two feet from front property
11ne; b) Off-premise wall stgns; and c) rear wall signs to be
75 square feet tn .size, located at 1391! Carroll Way. All
conditions of approval contained In Planntng Commission
Resolution No. 2669 shall remal.n t n effect.
PASSED AND ADOPTED at a regular City Council meting held on the 16th
day of October, 1989.
Mayor
CIty Cl~rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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 five; that the above
and foregoing Resolution No. ~9-15.7 was duly and regularly introduced, passed
and adopted at a regular meeting of the City Council held on the 16th day of
9ctober, 1989, by the following vote-
AYES- COUNCILPERSONS; Edgar, Hoesterey, Kennedy
NOES: COUNCILPERSONS- Kelly, Prescott
ABSTAINED: COUNCILPERSONS · None
ABSENT · COUNCILPERSONS ·. None
MARy.. 'E.' ~~ '
, Cit~ ~.clerk