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HomeMy WebLinkAbout02 CUP 09-002/DR 09-003ITEM #2 Report to the Planning Commission DATE: SUBJECT: MARCH 10, 2009 CONDITIONAL USE PERMIT (CUP) 09-002, DESIGN REVIEW (DR) 09-003 APPLICANT: TIM DECINCES DG BBQ SHACK LLC (BEACH PIT BBQ) 930 W 16TH A-1 COSTA MESA, CA 92627 PROPERTY OWNER: VIVIAN DELGADO PALLAIS 9620 MONTE MAR DR. #200 LOS ANGELES, CA 90035 LOCATION: 560 EL CAMINO REAL TUSTIN ZONING: CENTRAL COMMERCIAL, COMBINING PARKING (C -2-P), CULTURAL RESOURCES DISTRICT GENERAL PLAN: OLD TOWN COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15311, CLASS 11 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT). REQUEST: A REQUEST TO INSTALL TWO (2) PROJECTING SIGNS ON THE BUILDING AT 560 EL CAMINO REAL (BEACH PIT BBQ) Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 2 That the Planning Commission adopt Resolution No. 4112, recommending that the City Council approve Conditional Use Permit (CUP) 09-002 and Design Review (DR) 09-003, authorizing the installation of two (2) projecting signs on the building at 560 EI Camino Real. Background The applicant is requesting approval to install two (2) projecting signs at 560 EI Camino Real, the Beach Pit BBQ restaurant (Attachment A - Location Map). The Beach Pit BBQ is a new restaurant in Old Town Tustin, located in the historic Tustin Garage, which was built in 1915. The City's Historical Survey identifies the building as a C -rated industrial structure in the Mission Revival architectural style. (Attachment C — City of Tustin Historical Survey, 560 EI Camino Real) Site and Surrounding Properties The project site is 7,500 square feet (0.17 acres) located on the northwest corner of EI Camino Real and 6th Street. It is zoned Central Commercial with Combining Parking (C -2-P), located within the Cultural Resources District, and designated as Old Town Commercial by the General Plan. The surrounding properties are also zoned C -2-P with a General Plan designation of Old Town Commercial. A variety of retail uses surround the site, with Jamestown Village to the north, EI Camino Plaza to the south, and a vacant lot across EI Camino Real. In addition, the site is located within the Town Center Redevelopment Project Area. Beach Pit BBQ (Project Site) Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 3 Historic Context The building was built in 1915 as automobile use was becoming popular and was used for automobile service and repair from that date. Originally operated under the name "Arrow Garage," it was sold and began operating as "Tustin Garage" in 1919. Even after the property was sold again in 1943, it continued to be operated as a garage until 2006 when it was converted into a restaurant which opened in early 2008. In addition to the age of the building, it is historically significant because of the people and uses associated with it. One of the owners of the Tustin Garage, William M. Huntley, was elected to Tustin's first city council and served as mayor from 1932-1940. Huntley was also a volunteer firefighter and used the Tustin Garage to maintain the City's first fire truck. The historical resource survey states that "few pioneers contributed more than Huntley did to the growth and development of Tustin as a city." Projecting Signs Tustin City Code (TCC) Section 9252j1 allows the City Council to establish design criteria and standards as are necessary to supplement the provision of the Cultural Resources District regulations including acceptable accessories on new or existing structures such as signs, banners, flags, and projections. Additionally, Section 9252j3.(a)(1) allows the City Council to permit nonlisted uses within the Cultural Resources District which support the purpose of the District as a conditional use following a public hearing and recommendation of the Planning Commission. PROJECT DESCRIPTION This project proposes installation of two (2) projecting signs on the building at 560 EI Camino Real. If approved as submitted, one of the signs would be attached to the building elevation facing 61" Street (Sign A) and one would be attached to the building elevation facing EI Camino Real (Sign B). Sign A would be installed over the door on the 6t' Street side of the building. Sign B would be installed on the corner of the building. 511MYR)X 0. PMI WM 1 am MADE93nN WTTGEc Snvu�Ynxmn.wmoo Qn M iA MN W io CAL Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 4 Both signs would be on an aluminum background with a faux rust painted surface and attached to the building with brown aluminum tubes. Sign A would measure 2 feet by 2 feet, be painted with Beach Pit's logo in black and white, and externally illuminated using micro accent lights attached to the sign. Sign B would measure 2 feet wide by 6 feet high, read 'BBQ" in black block letters and be illuminated using halo lighting. (Attachment D — Submitted Plans) In addition, both signs would be required to comply with Section 3202 of the 2007 California Building Code, which requires a minimum clearance of 8 feet. Tustin City Code TCC Section 9252jl gives the City Council the authority to adopt design criteria specifically for the Cultural Resources District, including acceptable materials, such as stucco, masonry, and metal; appropriate architectural character, scale, and detailing; acceptable textures and ornamentation such as paint colors, use of wood, stone, metal, other man-made materials, and finishes of metal; and acceptable accessories on existing structures such as canopies, signs, and projections. When adopting design criteria for the proposed projecting signs within the Cultural Resources District, the City Council may consider at least the following: a. Materials: The proposed signs use painted metal as the primary material. This material complements the building and is similar to existing signs in the Cultural Resources District and signs of the historic period of the building. The applicant has submitted historic pictures showing blade signs as they have previously existed in the Cultural Resources District (Attachment E - Submitted Supporting Documentation and Photographs). b. Architectural character, style, and detail: The proposed signs are designed to be in character with the historic industrial building to which they will be attached. In addition, the proposed signs are in character with existing signs in the Cultural Resources District and signs of the historic period of the building (See Attachment E for examples of signs of the historic period). c. Appurtenances to new and existing structures: Existing appurtenances include goose- neck lights along the street frontages of the building, which complement the historic character of the building. The proposed signs will complement these lights in design, color, and material. d. Textures and ornamentation: The proposed signs will be aluminum with a painted faux rust finish and black letters4ogo. This paint color/texture will reflect the original industrial and automotive use of the building. e. Accessories on new and existing structures: The proposed projecting sign would be in keeping with the historic character of the building, reflecting signs that would have been in use when the building was constructed. — TCC Section 9252j3 gives the City Council the authority to permit nonlisted uses, such as projecting signs, within the Cultural Resources District. In doing so, the City Council should find that permitting a nonlisted use would support the purpose of the District and would make any such decision following a public hearing and recommendation from the Planning Commission. Therefore, in making its recommendation, the Planning Commission staff recommends that the signs would support the purpose of the Cultural Resources District. TCC Section 9252a contains the listed purposes of the District. Some of these include: a. Safeguarding the heritage of the City: The proposed signs are designed in a manner that will complement, and not detract, from the historic value of the building. b. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources: Well designed signs can become recognized landmarks in a Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 5 community. Adding a well designed sign to this building could create a recognizable anchor for the commercial area of the Cultural Resources District. c. Promote the private and public enjoyment, use, and preservation of structures for residents and visitors: The installation of the proposed signs could potentially draw more people to the business, creating more traffic through the area, and increase familiarity of Old Town Tustin for both Tustin residents and visitors. d. Enhance the visual and aesthetic character and aesthetic appeal: The proposed signs are designed in a style that will reflect the building, adding to the character and aesthetic appeal of the building. TCC Section 9272c gives the Community Development Director the authority to approve submitted plans upon finding that the location, size, architectural features and general appearance of the project will not impair the orderly and harmonious development of the area. As the CUP associated with this project requires review by the City Council, Design Review authority has also been deferred to the City Council. In making findings for design review, the following items may be considered: a. Exterior materials and colors: As discussed previously, the signs are designed using materials and colors which complement the historic building. b. Location, height and standards of exterior illumination: New lighting will be limited to lighting necessary to illuminate the new signs, including micro accent lights for Sign A and halo lighting for Sign B. c. Appearance and design relationship of proposed sign to existing structures and future structures in the neighborhood: The signs are designed in a manner which will complement the commercial area of the Cultural Resources District as a whole. d. Proposed signing: As discussed previously, the proposed signing is in character with the historic building and with historic signage that would have existed when the building was originally built. Encroachment into Public Right -of -Way As this building is built to the property line, the blade signs will project over the public right-of-way. As proposed and conditioned, the signs would be a minimum of 8 feet above grade, which satisfies both public works and building clearance requirements. In addition to standard building permits, these projecting signs would be subject to approval by the City Engineer, and the applicant must obtain and maintain a valid encroachment permit from the Public Works Department. Review by Other City Departments As this project involves a property located within the Town Center Redevelopment Project Area and contains signs that project over the public right-of-way, the proposal was routed to the Tustin Community Redevelopment Agency and the City's Public Works Department. After review, each of these departments has concurred with the project. ANALYSIS As the proposed signs are appropriate to the context and scale of Beach Pit BBQ and the historic Tustin Garage, staff recommends that the Planning Commission recommend that the City Council approve the project. In determining whether to recommend approval of the project, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 6 or be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. In addition, in order to recommend approval of a nonlisted use within the Cultural Resources District, the Planning Commission must find that the proposed project supports the purpose of the District. A decision to recommend approval of this request may be supported by the following findings: 1. Section 9252j1 of the Tustin Municipal Code authorizes the City Council to establish design criteria for the Cultural Resources District as necessary to supplement the provisions of the District, including acceptable accessories such as signs, banners, flags, and projections. Section 9252j3(a) gives the City Council the authority to permit a noniisted use which supports the purpose of the District as a conditional use following a public hearing and recommendation from the Planning Commission. 2. The addition of new blade signs to the existing contributing building located in the Cultural Resource District will not detrimentally alter, destroy, or adversely affect the resource for the following reasons: a. The proposed signs are an addition to the existing contributing building and do not modify the physical building structure other than to prepare the building for the support of the signs; the structural support is behind the exiting parapet and not visible; b. The proposed signs modify the appearance of the building for the purpose of representing the business housed within; if and when the business and/or use change, the signs can be removed, leaving the existing building in its original condition; c. The materials, style, color, and details of the proposed signs are consistent and compatible with the use of the existing garage building as a restaurant, are pedestrian oriented, of an appropriate size and scale to the building, and are in keeping with signs in the Cultural Resource District existing at the time the subject building operated in its original use as a garage (beginning in approximately 1915); d. The proposed signs are compatible with other signs in the Cultural Resources District, in that they are constructed of similar materials, are of a similar size, and installed in a similar manner; e. The proposed signs support the purpose of the Cultural Resources District in that they safeguard the heritage of the City, strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources, promote the private and public enjoyment, use, and preservation of structures for residents and visitors, and enhance the visual and aesthetic character and aesthetic appeal. 3. Pursuant to Section 9272 of the Tustin Municipal Code, the location, size, architectural features, and general appearance of the proposed signs will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: a. Exterior materials and colors, in that the signs are designed using materials and colors which complement the building; b. Location, height and standards of exterior illumination, in that new lighting will be limited to that necessary to illuminate the new signs, including micro accent lights and halo lighting; Planning Commission Report March 10, 2009 CUP 09-002, DR 09-003 Page 7 c. Appearance and design relationship of proposed sign to existing structures and future structures in the neighborhood, in that the signs are designed in a manner which will complement the commercial area of the Cultural Resources District as a whole; and d. Proposed signing; in that the proposed signs are in character with the historic building and with historic signage that would have existed when the building was originally built. 4. The Tustin Community Redevelopment Agency and the City's Public Works Department have reviewed and concur with the proposed signs. Cari Meyer Elizabeth A. Binsack Assistant Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. City of Tustin Historical Survey and State of California Building, Structure, and Object Record: 560 EI Camino Real D. Submitted Sign Plans E. Submitted Supporting Documentation and Photographs F. Planning Commission Resolution No. 4112 S:\Cdd\PCREPORT2009\CUP 09-002 (Beach Pit Signs).doc ATTACHMENT A Location Map �2b It 140; 140 1 1) 160 171) 200 220 2U 4111— I M 4a4 1 - — I I -- 134 445 450 19 4n 4 Yl 441 4S4 460 sio 520 Z, 530 530 'AD Ez mo552 CIIJ 4!, 56o, 300' 330 320bnid-15H19 4f07607 61 lb" 612 tjl,' 4320 62 4322 P130 628 630 63L 62 Q) 63 4 040 Pro t4 649 642 u5u G52 !U Big)668 (A 6!)2 6 46' MfN GVILJ 086t) 894 0 ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-002 2. LOCATION: 560 EI Camino Real 3. BLOCK: 24 TRACT: 793 4. APN(S): 401-622-17 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 06-009 (ABC License) DR 06-014 (Remodel to Restaurant) 6, SURROUNDING LAND USES: NORTH: Jamestown Village EAST: Vacant Lot 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Old Town Commercial EAST: Old Town Commercial 8. SURROUNDING ZONING DESIGNATION: NORTH: Central Commercial (C -2-P) EAST: Central Commercial (C -2-P) 9. SITE LAND USE: EXISTING USE: Restaurant GENERAL PLAN: Old Town Commercial ZONING. Central Commercial DEVELOPMENT STANDARDS: SOUTH: EI Camino Plaza WEST: Residential SOUTH: Old Town Commercial WEST: Old Town Commercial SOUTH: Central Commercial (C -2-P) WEST: Central Commercial (C -2-P) PROPOSED No Change No Change No Change 10. This application does not propose any changes to building height, setbacks, lot coverage, parking, landscaping, or any other development standard. 11. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.): Town Center Redevelopment Area, Cultural Resources District S:\Cdd\Gari\CUP\09-002 (Beach Pit Sign)\LAND USE APPLICATION FACT SHEET - For Merge.Doc ATTACHMENT C City of Tustin Historical Survey and State of California Building, Structure, and Object Record: 560 EI Camino Real ADDRESS: 560 EL CAMINO REAL DATE: 1915 STYLE: INDUSTRIAL SOURCE: RATING: E C ALTERATIONS: M HISTORICAL DISTRICT: YES COMMENT: TUSTIN GARAGE DESCRIPTION: MY OF TUJSTUN MSSTORIIcCAL SURVEY A high stucco -clad Mission -style front facade, accented at the corners and on each side of the censer panel with large square piens, caps the industrial building on the comer of El Camino Real and Sixth Sm,,L Concrete caps further accentuate the piers. The transom below, which runs across the entire front, is covered with vertical carsiding. A gabled roof, clad in rolled roofmg, cuts into the parapet from the back. Two sections of plate glass windows, set in wooden frames, aro placed on each side of the centered carsiding-clad freight door. Brick wainscotting, not original, runs below the row of windows. The south side, facing Sixth, is cladin vertical carsiding. A wood -framed freight door is located near the back and a variety of double -hung and jalousied windows punctuate the facade. The rear of the building is clad in vertical, sheets of corrugated metal. blUNIFICANUE: George Williams bought the comer property from Franklin P. Crawford and built the garage in 1915. The property was sold to La Fortier Gates in 1916 and operated as the "Arrow Garage", Herman B. Gates, Propr. Gates leased to William Huntley and Nickolas Gulick in 1917. They operated their "Tustin Garage" (started at 275 C Sheet in 1915) from the building which they then purchased in 1919 and owned until 1943. William M. Huntley was elected to Tustin's fust city council at the time of incorporation in 1927. Ile served as mayor from 1932 to 1940 and was a member of the Volunteer Fire Department Ile kept and maintained Tustin's first fire truck (now on display at the Tustin Area Museum) at this garage. Few pioneers contributed more than Huntley did to the growth and development of Tustin as a city. Later owner, Barney and Patricia Bryce (1943) and Glen and Virginia Stevens (1950) continued the operation of a garage on the site until the 1950's. This garage has considerable historic importance to the City of Tustin because of its former owners and its role in the community. 0 • Pagel of 2 •NRNP Status Code: 3S "Resource Name or # (96) 560 EI Camino Real Bl. Historic Name: Tustin Garage B2. Common Name: Tustin Garage B3. Original Use: Commercial B4. Present Use: Commercial "B5. Architectural Style: Eclectic, Mission Revival -B6. Construction History: (Construction data alterations, and date of altaatiem) George Williams bought the comer property from Franklin P. Crawford and built the garage in 1915. "B7. Moved? X No ❑Yes ❑Unknown Date: Original Location: •BS. Related Features: 119a. Architect: unknown b. Builder. unknown •1110. Significance: Theme: Commercial Development Area: Santa Ana -Tustin, CA Period of Significance: 1900-1945 Property Type: Commercial Applicable Criteria: A,B,C (Dirarq importance in tams of historical or architecWnl context as defined by theme, period, and geographic stops. Also address integrity.) The building is significant because of its early association with the emerging automobile and other transportation modes in Tustin as well as its connection with prominent Tustin community members. In addition, it is a surviving variation of the Mission Revival style adapted to a commercial building. As the automobile became more available in Tustin, new uses were incorporated into the town center to service and repair the vehicles and machinery. The property was sold to La Frontier (fates in 1916 and operated as the "Arrow Garage". Leased to William Huntley and Nickolas Gulick in 1917, they teamed up to operate the "Tustin Garage", which was originally started in 1915 at 275 C Street Huntley and Gulick purchased the building in 1919 and owned the property through 1943. Subsequent owners kept the garage in operation to date. One of the owners of the Tustin Garage, William M. Huntley, was elected to Tustin's first city council at the time of incorporation in 1927. He also served as mayor from 1932-1940 and maintained Tustin's first fire truck at this garage. Few pioneers contributed more than Huntley did to the growth and development of Tustin as a city. This garage has considerable historic importance to the City of Tustin because of its former owners and its role in the community. con't Bll. Additional Resource Attributes: (HP6)-Commer ial 01112. References: City ofTastin Historical Survey, thirtieth street architects, inc., June, 1990, Tustin: A City of Trees, Carol H. Jordan, Heritage Media Corp. 1996. B13. Remarks '1114. Evaluator: TBAW, C. Jordan "Date of Evaluation: Oct 2002 (This space reserved for official comments.) DPR 5238 (1105) *Required Information 9 • • Page 2 of 2 "Resource Name or # (Assigned by recorder) (86) 560 El Camino Real Recorded by: TBA West, C. Jordan Date: November 2002 Continuation Update The building's character defining features include, but are not limited to: • a high stucco clad Mission style front fafade, accented at the comers with each side of the center panel has large square piers with concrete caps • a transom running across the entire front, is covered with vertical carsiding • a gabled roof clad in rolled roofing cuts into the parapet from the back o two sections of plate glass windows, set in wooden frames, placed on each side of the center carsiding clad freight door e vertical carsiding and a wood framed freight door located near the back DPR 523L 'Required information ATTACHMENT D Submitted Sign Plans '9 �� \»6 v 0Q �!� \� } !p 5 �j5g4 «6\2 Qva2 |d\/ � �� \ k)■w \ `»! /) & }}/\ Po\ \ kj| N \ H !■ L7 k)■w /(\ � `»! /) }}/\ Po\ \ L7 WS & k)■w }}/\ WS & (§.( ) §j6 \ _irv� TT 1 tnz-.� - §§ e ! \ ■ | | 9 r 0 k \� ■| � (\ (§.( ) §j6 \ _irv� TT 1 tnz-.� - §§ e ! ATTACHMENT E Submitted Supporting Documentation and Photographs Ll 3architecture Ms Elizabeth Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92708 Re: Blade Sign Proposal for Beach Pit Bar -B -Q Dear Ms Binsack: RECEIVED DEC 1 12008 COMMUNITY DEVELOPMENT BYE ------ I have been asked by Mr. Tim DeCinces to assist him with the submission of applications and findings for the above referenced sign. I greatly appreciate your time meeting with Mr. DeCinces and myself and informing us of the application process. It is my hope that the enclosed documents represent a complete application and that the City of Tustin finds favor with the proposal. I have approached the findings through research of the existing related conditions in and around Old Town Tustin and the related conditions existing at the period when the Cultural Resources were created and expressed from approximately 1890 through 1990. 1 have also researched "The Secretary of the Interior's Standards for the Treatment of Historic Properties" which has been used exclusively in many historic districts throughout America. This has been a very valuable guide to the preservation, rehabilitation, restoration and reconstruction of Old Town Orange. I have been working with the City of Orange for over 20 years in the development and management of design standards in the historic Old Town district. I also have been involved, and continue to be involved in the further development of Old Town Tustin. The matter of this proposal is generic to a preservation of cultural assets, the promotion of historic correctness, and the appropriateness of related period design in modern times. 158 IN Glossell St, Ste 201 Orange, California 92866 Telephone: 714,771.8400 Facsimile: 714.7 71 8494 -P3ARCH@ao1.com DEVELOPMENT APPLICATION FORM LP"architecture CONTENTS DEVELOPMENT APPLICATION FORM CAMPAIGN CONTRIBUTION STATEMENT [ALTD"VOTIT, Tall i/_1101 el I►,\if01011011ul 1416 Cd�i11J1�:3�11 7L�L`1 STRUCTURAL CALCULATIONS APPLICABLE TUSTIN CITY ZONING CODE SECTION SUPPORTING CULTURAL RESOURCE DISTRICT IMAGES COMPARABLE EXISTING SURROUNDING SIGNAGE IMAGES SECRETARY OF HE INTERIOR'S STANDARDS Lr36architecture 9252 CULTURAL RESOURCE DISTRICE (CR) h Required Findings for Construction or Alteration The following findings are required for issuance of a Certificate of Appropriateness for alteration of Designated Cultural Resources, or for construction of improvements within a Cultural Resource District. No Certificate shall be issued if the findings cannot be made. For work on a Designated Cultural Resource within a Cultural Resource District, the required findings for both the resource and district shall be made. 1. Alternation of a designated cultural resource: (a) The proposed work will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure, is compatible with the architectural style of the existing structure. Finding — The addition of a new blade sign to the existing contributing building located in the Cultural Resource District will not detrimentally alter, destroy or adversely affect the resource for the following reasons: 1) The proposed sign is an addition to the existing contributing building and in no way modifies the physical building structure other than to prepare the building for the support of the sign. Said structural support is well behind the existing building parapet and not visible. See structural calculations section 5 2) The proposed sign only modifies the appearance of the building for the purposes of representing the business housed within. If and when the business and/or use changes, the sign can be removed leaving the existing building in its original condition. See Secretary of the Interiors Design Standards 3) The addition, the proposed sign is in keeping with signs in the Cultural Resource District existing at the time the subject building operated in its original use as a garage (approximately 1932). For cultural reference, examples of similar signs can be seen on images recorded in the book, "Tustin: A City of Trees" written by Carol H. Jordan. See supporting Cultural Resource District images section 7 • "Blade Sign" — Main St. between D and C Streets — cr 1900 — pp 25 • "Telegraph Office" — Main St. — cr 1890 — pp 32 • "Meat Market" — Main St. — cr 1914-1928 —cover and pp 50 • "Tustin Shoeing Shop" — Main St. between D and C Streets — cr 1919 — pp 54 • "Variety Store" — Main St. and EI Camino Real — cr 1925 — pp 58 • "Feed Store" — EI Camino Real — cr 1918 — pp 75 • "Kidds Garage" — First St. between A and B Streets — cr 1940 — pp 80 Note: Jerome Kidd, proprietor and City Council Member for 18 years after the war was my step -uncle • "Ruby's Caf6" — EI Camino Real — cr 1931-1990— pp 84 (b) The addition of a new sign to the existing contributing building will not modify the existing essential elements which make the structure culturally significant. The proposed sign can be removed at anytime resulting in restoring the building to its original condition. None of the essential elements which make the structure culturally significant are affected. See structural calculations section 5 and conceptual blade sign section 4 2. Construction of improvements in a Cultural Resource District: (a) The proposed addition of the new blade sign conforms to the Municipal Code as relates to allowed size and design. The proposed blade sign, being similar in character to the eight (8) similar historic sign examples cited above, is more structurally substantial than the historic examples illustrated. See structural calculations section 5 and supporting Cultural Resource District images section 7 (b) The proposed new blade sign does not adversely affect the character of the District, but through its design, adds character to the existing building in keeping with the cultural references listed above. See supporting Cultural Resource District images section 7 (c) The proposed new blade sign is harmonious with its existing surroundings. The extent of harmony is determined in terms of appropriateness as: 1) Materials —many of the existing signs in the surroundings are similar to the proposed blade sign in that they are also painted metal. An example is the "Roma de Itallia" sign 2) Scale — many of the existing signs in the surroundings are considerably larger in proportion to the building than the proposed blade sign is to the contributing garage building. The proposed blade sign is appropriate in scale to the existing building as relates to the surrounding existing signs and the cultural reference examples. An example is the "Roma de Itallia" sign 3) Size —many of the existing signs in the surroundings are considerably larger than the proposed blade sign. The proposed blade sign is appropriate as compared with existing metal pole signs as relates to size. An example is the "Roma de Itallia" sign 4) Height — many of the existing signs in the surroundings are similar in height if not higher. The proposed blade sign is located so that approaching pedestrians as well as motorists can identify the business. Signs in the surroundings use the same strategy in the determination of their height. An example is the "Roma de Itallia" sign 5) Placement—many of the existing signs in the surroundings have similar placement. Pole signs are common and are directly related to the proposed blade sign in that they are at the ROW line, are, in many cases, very close to the building wall, and are as tall if not taller than the proposed blade sign. The placement of the blade sign is also appropriate because it is elevated above the pedestrian level and does not interfere with pedestrian view access. An example is the "Roma de Itallia" sign not applicable Design Criteria and Development Standards 1. The City Council may establish, promulgate and adopt by resolution, design criteria and standards for properties as are necessary to supplement the provisions of this section as a guide to evaluate applications for Certificates of Appropriateness, said criteria may include, but not be limited to, the following: (a) Acceptable Materials—the proposed blade sign is constructed of materials similar to the Cultural References cited above. The proposed material is painted metal also similar and appropriate to existing signs in the surroundings. There are no physical changes to the existing contributing building proposed. See supporting Cultural Resource District images section 7 and Conceptual Blade Sign section 4 (b) Appropriate Architectural Character—the proposed blade sign is designed to be in character and keeping with the Cultural References cited above. The architectural character is especially similar to the "Feed Store' sign and the "Ruby's Cafe" sign. There are no physical changes to the existing contributing building proposed. See supporting Cultural Resource District images section 7 and Conceptual Blade Sign section 4 (c) Acceptable Appurtenances—the proposed blade sign itself is the only appurtenance proposed which is in keeping with the Cultural References cited above. No other appurtenances such as gables, parapets, balconies and/or dormers are proposed on the existing contributing building proposed. See supporting Cultural Resource District images section 7 and Conceptual Blade Sign section 4 (d) Acceptable Textures and Ornamentation —the proposed blade sign has been designed and ornamented via its shape, materials and paint colors to express the character of the Cultural References. There are no physical changes to the existing contributing building proposed. See supporting Cultural Resource District images section 7 and Conceptual Blade sign section 4 (e) Acceptable Accessories (signs) —the proposed blade sign is in keeping with the Cultural References. There are no physical changes to the existing contributing building proposed. See supporting Cultural Resource District images section 7 and Conceptual Blade Sign section 4 'lk u 10 - , .uRWi i •..n now s -tom r J 11II V _w1/Mllf� �' �• -�I w� I e .1 Iii IIS � �,.... 1r1 u COMPARABLE EXISTING SURROUNDING SIGNAGE IMAGES LP3architecture Following is a selective list of comparable existing surrounding signs which contribute to the evaluation of this proposal. After an inventory of the existing signs in the Old Town area and along First Street, it was determined that there exist many types of signs in various conditions and from different architectural periods. Some of the signs relate to the architecture while others have little relation. It was noted that very few "blade" signs exist in the Old Town area. A dominance of blade signs existed during the period of the development of the Cultural Resources, approximately 1890 —1990. The dominant signs in the Old Town today are "pole signs" ;'monument signs" and "wall signs" with a dominance of them illuminated. The "pole signs" are most like the proposed "blade" sign and the Cultural Reference signs in that they are large, elevated and many are close to the front building wall and the ROW. These two signs act in the same manner, providing identification for oncoming pedestrians and motorists. "Monument signs" act in the same way except they are mounted on the ground and block pedestrian and motorist view access. Existing Comparable Signs to the proposed Blade Sign are: 1) Blade Signs • "Multiple blade signs" —First St. between C and D St • "Vintage Lady" sign — EI Camino Real 2) Pole Signs • "Roma de Itallia" —El Camino Real • "Assistance League" — EI Camino Real • 'Bel Air Motor Hotel" — First Street • "Big O Tires" — First Street 3) Monument Signs • "Armstrong Garden Center" — EI Camino Real • "Jamestown Village" — EI Camino Real Many of the existing surrounding signs are painted metal while more modern signs are plastic. Many are illuminated internally while the monument signs are illuminated from the ground. The proposed blade sign is painted metal with exterior illumination including neon. The Cultural References indicate that several of the period signs were painted metal and externally illuminated including neon. The _ Secretary of the Interior's Standards indicate that neon was the predominant source of illumination during the 1920's and the 1930's. Examples of these signs in the Cultural Resources of Tustin include "Ruby's Cafe" and the "Feed Store". See Supporting Cultural Resource District images section 7 TAN I6 2.001 C018MMOEVELOP.MENT - BY av n K The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page 1 of 1 re � NAl'IONAE PARK SERVICE �■■ with guidelines for _ .�I preserving rehabilitating restoring & reconstructing historic buildings >> introduction and historical overview >> credits >> questions and comments NPS History & Culture / Technical Preservation Services RECEIVE® JAN 16 2009 COMMUNITY DEVELOPMENT BY 12 IC http://www.nps.izov/history/hns/ti)s/staiidauide/index.htm 6/9/2008 Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: Choosi... Page 3 of 4 Design for the Replacement of Missing Historic Features When an entire interior or exterior feature is missing (for example, an entrance, or cast iron facade; or a principal staircase), it no longer plays a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the process of carefully documenting the historical appearance. Although accepting the loss is one possibility, where an important architectural feature is missing, its replacement is always recommended in the Rehabilitation guidelines as the first or preferred, course of action. Thus, if adequate historical, pictorial, and physical documentation exists so that the feature may be accurately reproduced, and if it is desirable to re-establish the feature as part of the building's historical appearance, then designing and constructing a new feature based on such information is appropriate. However, a second acceptable option for the replacement feature is a new design that is compatible with the remaining character -defining features of the historic building. The new design should always take into account the size, scale, and material of the historic building itself and, most importantly, should be clearly differentiated so that a false historical appearance is not created. Alterations/Additions for the New Use Some exterior and interior alterations to a historic building are generally needed to assure its continued use, but it is most important that such alterations do not radically change, obscure, or destroy character -defining spaces, materials, features, or finishes. Alterations may include providing additional parking space on an existing historic building site; cutting new entrances or windows on secondary elevations; inserting an additional floor, installing an entirely new mechanical system; or creating an atrium or light well. Alteration may also include the selective removal of buildings or other features of the environment or building site that are intrusive and therefore detract from the overall historic character. The construction of an exterior addition to a historic building may seem to be essential for the new use, but it is emphasized in the Rehabilitation guidelines that such new additions should be avoided, if possible, and considered only after it is determined that those needs cannot be met by altering secondary, i.e., non character -defining interior spaces. If, after a thorough evaluation of interior solutions, an exterior addition is still judged to be the only viable alterative, it should be designed and constructed to be clearly differentiated from the historic building and so that the character -defining features are not radically changed, obscured, damaged, or destroyed. Additions and alterations to historic buildings are referenced within specific sections of the Rehabilitation guidelines such as Site, Roofs, Structural Systems, etc., but are addressed in detail in New Additions to Historic Buildings (see nav bar, right). Energy Efficiency/Accessibility Considerations/Health and Safety Code Considerations These sections of the guidance address work done to meet accessibility requirements and health and safety code requirements; or retrofitting measures to improve energy efficiency. Although this work is quite often an important aspect of Rehabilitation projects, it is usually not a part of the overall process of protecting or repairing character -defining features; rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, particular care must be taken not to radically change, obscure, damage, or destroy character -defining materials or features in the process of meeting code and energy requirements. http://www.nps.gov/history/lips/tps/standguide/rehab/rehab approach.htm 6/9/2008 Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: Choosi... Page 4 of 4 HISTORICAL OVERVIEW - PRESERVING - rehabilitating - RESTORING - RECONSTRUCTING main - credi http://www.ni)s.2ov/history/hps/tDs/standauide/rehab/rehab anproach.htm 6/9/2008 Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: Choosi... Page 2 of 4 usually require more extensive work, an overall evaluation of its physical condition should always begin at this level. Repair Historic Materials and Features Next, when the physical condition of character -defining materials and features warrants additional work repairing is recommended. Rehabilitation guidance for the repair of historic materials such as masonry, wood, and architectural metals again begins with the least degree of intervention possible such as patching, piecing -in, splicing, consolidating, or otherwise reinforcing or upgrading them according to recognized preservation methods. Repairing also includes the limited replacement in kind—or with compatible substitute material --of extensively deteriorated or missing parts of features when there are surviving prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or tile roofing). Although using the same kind of material is always the preferred option, substitute material is acceptable if the form and design as well as the substitute material itself convey the visual appearance of the remaining parts of the feature and finish. 7 his two-story brick commercial building—with its corner storefront—was originally constructed ca. I876, then remodeled in 1916 in the Craftsman style and given a new, distinctive roo,Jline. It served a number r?f uses, including a hotel, hoarding house, saloon, restaurant, liquor store, warehouse, and q/jice furniture showroom. Tile red brick walls had been painted several times over the years. Rehabilitation work included removal ofmultiple paint layers using a chemical.sn•rpper and thorough water rinse; spot repainting with notching mortar; and appropriate interior alterations. The building is now being used as a retail shop. Photos: NPSfiles, Replace Deteriorated Historic Materials and Features Following repair in the hierarchy, Rehabilitation guidance is provided for replacing an entire character -defining feature with new material because the level of deterioration or damage of materials precludes repair (for example, an exterior cornice; an interior staircase; or a complete porch or storefront). If the essential form and detailing are still evident so that the physical evidence can be used to re-establish the feature as an integral part of the rehabilitation, then its replacement is appropriate. Like the guidance for repair, the preferred option is always replacement of the entire feature in kind, that is, with the same material. Because this approach may not always be technically or economically feasible, provisions are made to consider the use of a compatible substitute material. It should be noted that, while the National Park Service guidelines recommend the replacement of an entire character -defining feature that is extensively deteriorated, they never recommend removal and replacement with new material of a feature that --although damaged or deteriorated -- could reasonably be repaired and thus preserved. htto://www.nus.Lyov/history/hns/tos/standauide/rehab/rehab anoroach.htm 6/9/2008 Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: Choosi... Page l of 4 aan �KAL Yarn Sara STANDARDS FOR• • GUIDELINES FOR REHABILITATING HISTORICBUILD, -GUIDELINE REHABILITATION The Approa rn e a p p ro a c ii V/ Exterior Ma Masonry Wood Architectural When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use, and when its depiction at a Exterior Fe+ particular period of time is not appropriate, Rehabilitation may be considered as a treatment. Roofs Windows Prior to undertaking work, a documentation plan for Rehabilitation should be developed. Entrances + Storefronts Interior Fe; Structural Si Choosing Rehabilitation as a Treatment SpacesiEeati Mechanical S In Rehabilitation, historic building materials and character -defining features are protected site and maintained as they are in the treatment Preservation; however, an assumption is made prior to work that existing historic fabric has become damaged or deteriorated over time and, Setting as a result, more repair and replacement will be required. Thus, latitude is given in the Special Req Standards for Rehabilitation and Guidelines for Rehabilitation to replace extensively Energy Effici deteriorated, damaged, or missing features using either traditional or substitute materials. Of New Additior the four treatments, only Rehabilitation includes an opportunity to make possible an efficient Accessibility contemporary use through alterations and additions. Health + Sal THE 5TAf+ Identify, Retain, and Preserve Historic Materials and Features Like Preservation, guidance for the treatment Rehabilitation begins with recommendations to identify the form and detailing of those architectural materials and features that are important in defining the building's historic character and which must be retained in order to preserve that character. Therefore, guidance on identifying, retaining, and preserving character -defining features is always given first. The character of a historic building may be defined by the form and detailing of exterior materials, such as masonry, wood, and metal; exterior features, such as roofs, porches, and windows; interior materials, such as plaster and paint; and interior features, such as moldings and stairways, room configuration and spatial relationships, as well as structural and mechanical systems. Protect and Maintain Historic Materials and Features After identifying those materials and features that are important and must be retained in the process of Rehabilitation work, then protecting and maintaining them are addressed. Protection generally involves the least degree of intervention and is preparatory to other work. For example, protection includes the maintenance of historic material through treatments such as rust removal, caulking, limited paint removal, and re-application of protective coatings; the cyclical cleaning of roof gutter systems; or installation of fencing, alarm systems and other temporary protective measures. Although a historic building will httn://www.nncnnv/historyihns/tns/-tanduuide/rehah/rehah annroach.htm 6/9/2009 The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page 2 of 2 determining what treatment is selected. Proposed use. An essential, practical question to ask is: Will the building be used as it was historically or will it be given a new use? Many historic buildings can be adapted for new uses without seriously damaging their historic character, special -use properties such as grain silos, forts, ice houses, or windmills may be extremely difficult to adapt to new uses without major intervention and a resulting loss of historic character and even integrity. Mandated code requirements. Regardless of the treatment, code requirements will need to be taken into consideration. But if hastily or poorly designed, a series of code -required actions may jeopardize a building's materials as well as its historic character. Thus, if a building needs to be seismically upgraded, modifications to the historic appearance should be minimal. Abatement of lead paint and asbestos within historic buildings requires particular care if important historic finishes are not to be adversely affected. Finally, alterations and new construction needed to meet accessibility requirements under the Americans with Disabilities Act of 1990 should be designed to minimize material loss and visual change to a historic building. GUIDELINES 'W historical overview - PRESERVING - REHABILITATING - RESTORING - RECONSTRUCTING main - credits - httD://www.nt)s.sov/history/hns/tns/stand2uide/overview/choose treat.htm 6/9/200R The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page I of 2 J i! w ?1 0 f. e NATIONAL 1. � `� ' .� Y ' � I /� Ntlile N0.l A0.RK S[RVI -INTRODUCTION- - nt rod u cti v nChoosing Treatment Choosing an Appropriate Treatment tom` C Using the Standards fOi L^i E? f�115 Sr7f iC Lnd!flEq Guidelines The Standards are neither technical nor prescriptive, but are intended to promote -Historical overview responsible preservation practices that help protect our Nation's irreplaceable cultural resources. For example, they cannot, in and of themselves, be used to make essential Exterior Materials decisions about which features of the historic building should be saved and which can be Masonry changed. But once a treatment is selected, the Standards provide philosophical consistency wood to the work. Architectural Metals Exterior Features The four treatment approaches are Preservation, Rehabilitation, Restoration, and Roofs ows Reconstruction, outlined below in hierarchical order and explained: WinEnttrancerance s +Porches Storefronts The first treatment, Preservation, places a high premium on the retention of all historic Interior Features fabric through conservation, maintenance and repair. It reflects a building's continuum Structural tem over time, through successive occupancies, and the respectful changes and alterations Spaces/Fe tusres/Finisl that are made. Mechanical Systems Rehabilitation, the second treatment, emphasizes the retention and repair of historic Site — materials, but more latitude is provided for replacement because it is assumed the Setting property is more deteriorated prior to work. (Both Preservation and Rehabilitation standards focus attention on the preservation of those materials, features, finishes, Special Requirement Access Efficiency spaces, and spatial relationships that, together, give a property Y its historic character.) Accessibility Health + Safety Restoration, the third treatment, focuses on the retention of materials from the most New Additions significant time in a property's history, while permitting the removal of materials from other periods. Reconstruction, the fourth treatment, establishes limited opportunities to re-create a non -surviving site, landscape, building, structure, or object in all new materials. Choosing the most appropriate treatment for a building requires careful decision- making about a building's historical significance, as well taking into account a number of other considerations: Relative importance in history. Is the building a nationally significant resource—a rare survivor or the work of a master architect or craftsman? Did an important event take place in it? National Historic Landmarks, designated for their "exceptional significance in American history;' or many buildings individually listed in the National Register often warrant Preservation or Restoration. Buildings that contribute to the significance of a historic district but are not individually listed in the National Register more frequently undergo Rehabilitation for a compatible new use. Physical condition. What is the existing condition --or degree of material integrity—of the building prior to work? Has the original form survived largely intact or has it been altered over time? Are the alterations an important part of the building's history? Preservation may be appropriate if distinctive materials, features, and spaces are essentially intact and convey the building's historical significance. If the building requires more extensive repair and replacement, or if alterations or additions are necessary for a new use, then Rehabilitation is probably the most appropriate treatment. These key questions play major roles in htti)://www.ni)s.aov/history/hps/tps/staiidauide/overview/choose treat.htm 6/9/2008 The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page 1 of 1 historical overview - PRESERVING - REHABILITATING - RESTORING - RECONSTRUCTING blain -credits - httD://www.nns.izov/historv/hDs/tns/stand2uide/overview/overview storefronts.htm 6/9/2008 d JIM`4 r 5' � fit' RATIONAL MRK SFR41 F d/`� 5--IERIOR FEATURES -INTRODUCTION- LL S to� r ` front Choosing Treatment LLs� -_ Using the Standards Guidelines The earliest extant storefronts in the U.S., dating from the late 18th and early 19th centuries, -Historical Overview had bay or oriel windows and provided limited display space. The 19th century witnessed the progressive enlargement of display windows as plate glass became available in Exterior Materials increasingly larger units. The use of cast iron columns and lintels at ground floor level Masonry permitted structural members to be reduced in size. Recessed entrances provided shelter Wood for sidewalk patrons and further enlarged display areas. In the 1920s and 1930s, aluminum, Architectural Metals colored structural glass, stainless steel, glass block, neon, and other new materials were Exterior Features introduced to create Art Deco storefronts. Roots Windows The storefront is usual) the most prominent feature of a historic commercial building, Y P 9. Entrances + Parches Storefronts playing a crucial role in a store's advertising and merchandising strategy. Although a storefront normally does not extend beyond the first story, the rest of the building is often Interior Features related to it visually through a unity of form and detail. Window patterns on the upper floors, Structural System cornice elements, and other decorative features should be carefully retained, in addition to Spaces/Features/Finest the storefront itself. Mechanical Systems Site Setting Special Requiremenl Energy Efficiency Accessibility Health + Safety New Additions GUIDELINES 'Vr historical overview - PRESERVING - REHABILITATING - RESTORING - RECONSTRUCTING blain -credits - httD://www.nns.izov/historv/hDs/tns/stand2uide/overview/overview storefronts.htm 6/9/2008 ATTACHMENT Planning Commission Resolution No. 4112 RESOLUTION NO. 4112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT (CUP) 09-002 AND DESIGN REVIEW (DR) 09-003 TO INSTALL TWO (2) PROJECTING SIGNS ON THE BUILDING AT 560 EL CAMINO REAL (BEACH PIT BBQ) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit (CUP) 09-002 and Design Review (DR) 09-003 was filed by Tim DeCinces of DG BBQ Shack, LLC (Beach Pit BBQ), requesting authorization to install two (2) projecting signs on the building at 560 EI Camino Real. B. The project site is located within the Old Town Commercial Commercial General Plan land use designation, Central Commercial with Combining Parking (C -2-P) zoning district, the Town Center Redevelopment Project Area, and the Cultural Resources District. C. The project has been reviewed for consistency with the Air Quality Sub - element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. A public hearing was duly called, noticed, and held for Conditional Use Permit 09-002 and Design Review 09-003 on March 10, 2009, by the Planning Commission. E. Section 9252j1 of the Tustin Municipal Code gives the City Council the power to establish design criteria for the Cultural Resources District as necessary to supplement the provisions of the District, including acceptable accessories such as signs, banners, flags, and projections. F. Section 9252j3(a) authorizes the City Council to permit a nonlisted use which supports the purpose of the District as a conditional use following a public hearing and recommendation from the Planning Commission. G. The proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, or be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution No. 4112 Page 2 a. The addition of a new blade sign to the existing contributing building located in the Cultural Resource District will not detrimentally alter, destroy, or adversely affect the resource in that: 1. The proposed signs are an addition to the existing contributing building and do not modify the physical building structure other than to prepare the building for the support of the signs; the structural support is behind the exiting parapet and not visible; 2. The proposed signs modify the appearance of the building for the purpose of representing the business housed within; if and when the business and/or use change, the signs can be removed leaving the existing building in its original condition; 3. The materials, style, color, and details of the proposed signs are consistent and compatible with the use of the existing garage building as a restaurant, are pedestrian oriented, of an appropriate size and scale to the building, and are in keeping with signs in the Cultural Resource District existing at the time the subject building operated in its original use as a garage (beginning in approximately 1915); 4. The proposed signs are compatible with other signs in the Cultural Resources District, in that they are constructed of similar materials, are of a similar size, and installed in a similar manner; 5. The proposed signs support the purpose of the Cultural Resources District in that they safeguard the heritage of the City, strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources, promote the private and public enjoyment, use, and preservation of structures for residents and visitors, and enhance the visual and aesthetic character and aesthetic appeal; 6. The signs will be installed at a minimum of eight (8) feet from the grade level so as not to interfere with pedestrian activity within the right-of-way. b. Pursuant to Section 9272 of the Tustin Municipal Code, the location, size, architectural features, and general appearance of the proposed signs will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Exterior materials and colors, in that the signs are designed using materials and colors which complement the building; 2. Location, height and standards of exterior illumination, in that new lighting will be limited to that necessary to illuminate the new signs, including micro accent lights and halo lighting; 3. Appearance and design relationship of proposed sign to existing structures and future structures in the neighborhood, in that the signs Resolution No. 4112 Page 3 are designed in a manner which will complement the commercial area of the Cultural Resources District as a whole; and 4. Proposed signing, in that the proposed signs are in character with the historic building and with historic signage that would have existed when the building was originally built. c. The Tustin Community Redevelopment Agency and the City's Public Works Department have reviewed and concur with the proposed signs. H. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 09-002 and Design Review 09-003 authorizing the installation of two (2) blade signs on the building at 560 EI Camino Real subject to conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of March, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 4112 was duly passed and ado�ted at a regular meeting of the Tustin Planning Commission, held on the 10t day of March, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 09-002 AND DESIGN REVIEW 09-003 560 EI Camino Real GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 10, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 09-002 and Design Review 09-003 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution No. 4112 Page 2 (1) 1.6 Conditional Use Permit 09-002 and Design Review 09-003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 09-002 and Design Review 09-003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Conditional Use Permit 09-002 and Design Review 09-003, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance PLAN SUBMITTAL (1) 2.1 Permits shall be required for all signs. All signs require review and approval by the Community Development Department prior to installation. (***) 2.2 Prior to permit issuance, the Community Development Department shall issue a Certificate of Appropriateness. - (***) 2.3 Prior to permit issuance, all non permitted signs shall be removed from the project site. BUILDING (1, 3) 3.1 At the time of sign permit application, the plans and calculations shall comply with the latest State and City of Tustin adopted codes: 2007 California Building Code (CBC), 2007 California Electrical Code (CEC), 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Resolution No. 4112 Page 3 (1, 3) 3.2 Blade signs attached to the building facade shall be engineered to resist lateral and horizontal loads. (1) 3.3 At the time of building permit application, the applicant shall submit a scaled site plan with property lines clearly labeled. (1,3) 3.4 Encroachment into the public right-of-way shall comply with Section 3202 of the 2007 California Building Code (CBC), including placing signs a minimum of eight (8) feet above grade level. PUBLIC WORKS (***) 4.1 Prior to any construction of the projecting signs in the public right-of-way, the property owner shall submit an encroachment permit application, two (2) sets of City of Tustin Community Development & Redevelopment Department approved sign plans, and the applicable encroachment permit fees to the Public Works Department for review and permit issuance. (***) 4.2 Prior to issuance of an encroachment permit, the permittee shall submit a certificate of insurance evidencing that a liability insurance policy in the amount of $1,000,000 (minimum) has been issued, naming the City as an additional insured, and containing a provision that the policy will not be canceled, coverage materially modified, or limits of liability reduced or changed without such notice to the Public Works Director. The permittee shall maintain insurance for the duration of the encroachment permit. (°**) 4.3 The encroachment permit and liability insurance shall be renewed every year by the permittee. FEES (1, 5) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 5.2 Prior to issuance of any permits, the applicant shall pay all applicable Building and Planning plan check and license permit fees to the Community Development Department. Resolution No. 4112 Page 4 ( "*) 5.3 The applicant shall submit a check for $400.24, made payable to the City of Tustin, to cover processing the design review portion of the application and additional copying and scanning fees associated with application materials.