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HomeMy WebLinkAbout01 CUP BEACH PIT BBQ SIGNS 04-07-09Agenda Item • Reviewed: City Manager AGENDAREPORT Finance Director MEETING DATE: TO: FROM: SUBJECT: APRIL 7, 2009 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT (CUP) 09-002 & DESIGN REVIEW (DR) 09-003 — PROJECTING SIGNS AT BEACH PIT BBQ Beach Pit BBQ is proposing to install two (2) projecting signs on the building at 560 EI Camino Real. The City Council is requested to review and approve Conditional Use Permit (CUP) 09- 002 and Design Review (DR) 09-003 for the two proposed projecting signs. On March 10, 2009, the Planning Commission held a public hearing and recommended that the City Council approve Conditional Use Permit 09-002 and Design Review 09-003. RECOMMENDATION: That the City Council adopt Resolution No. 09-15 approving Conditional Use Permit 09-002 and Design Review 09-003. FISCAL IMPACT: The proposed Conditional Use Permit and Design Review application is an applicant -initiated project. There is no fiscal impact to the General Fund. ENVIRONMENTAL STATUS: This project is Categorically Exempt pursuant to Section 15311, Class 11 (on -premise signs) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 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). Projecting signs are not listed as permitted signs within the Tustin City Code. However, TCC Section 9252j gives the City Council the authority to set design criteria for the Cultural Resources District. TCC Section 9252j3 gives the City Council the authority to permit nonlisted uses, such as projecting signs, within the Cultural Resources District. TCC Section 9272c requires approval of a Design Review for improvements to a structure. On March 10, 2009, the Planning Commission adopted Resolution No. 4112, recommending that the City Council approve CUP 09-002 and DR 09-003. CUP 09-002 & DR 09-003 April 7, 2009 Page 2 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 6`h Street; zoned Central Commercial with Combining Parking (C -2-P); located within the Cultural Resources District; designated as Old Town Commercial by the General Plan; and located within the Town Center Redevelopment Project Area. 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. (See Attachment B — Land Use Application Fact Sheet for additional information). The Beach Pit BBQ is in Old Town Tustin 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) Project Description Beach Pit BBQ (Project Site) The applicant 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 6`h 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 6th Street side of the building. Sign B would be installed on the corner of the building. CUP 09-002 & DR 09-003 April 7, 2009 Page 3 50MYPHOT028OPOS® QVA al AQF5GN WT T3-�k: 4. B - 00 B MYPH0T0,MQPOWQg ^-8 en we WTT'. TJ.__ 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) TUSTIN CITY CODE: Design Criteria 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. CUP 09-002 & DR 09-003 April 7, 2009 Page 4 d. Textures and ornamentation: The proposed signs will be aluminum with a painted faux rust finish and black letters/logo. 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. Nonlisted Uses within the Cultural Resources District TCC Section 9252j3 gives the City Council the authority to permit nonlisted uses (such as projecting signs) which support the purpose of the Cultural Resources District through approval of a Conditional Use Permit following a public hearing and recommendation by the Planning Commission. On March 10, 2009, the Planning Commission held a public hearing and adopted Resolution No. 4112, recommending that the City Council approve this project. In making its decision, the City Council should find that permitting a nonlisted use would support the purpose of the 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 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. Design Review 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. CUP 09-002 & DR 09-003 April 7, 2009 Page 5 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 City Council approve the project. In determining whether to recommend approval of the project, the City Council 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, 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 City Council 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: 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 nonlisted use which supports the purpose of the District as a conditional use following a public hearing and recommendation from the Planning Commission. 2. The Planning Commission held a public hearing on March 10, 2009 and adopted Resolution No. 4112, recommending that the City Council approve the project. 3. 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. 4. 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 CUP 09-002 & DR 09-003 April 7, 2009 Page 6 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; 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. 5. The Tustin Community Redevelopment Agency and the City's Public Works Department have reviewed and concurred with the proposed signs. ("4114-V Cari Meyer Assistant Planner Z� Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. City of Tustin Historical Survey and State of California Record: 560 EI Camino Real D. Submitted Sign Plans E. Submitted Supporting Documentation and Photographs F. Planning Commission Resolution No. 4112 G. City Council Resolution No. 09-15 SACdd\CCREPOR-RCUP 09-002 and DR 09-003 (Beach Pit Signs).doc Building, Structure, and Object ATTACHMENT A Location Map YC1� ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 09-002 Design Review (DR) 09-003 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)m 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\Cari\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: IIVWSTRIAL SOURCE: RATING: E C ALTERATIONS: M HISTORICAL DISTRICT: YES COMMENT: TUSTIN'GARAGE DESCRIPTION: CITY OF TUSTIN HISTORICAL SURVEY A high stucco -clad Mission -style front facade, accented at the carnes and on each side of the center panel with large square piers, caps the industrial building on the corner of El Camino Real and Sixth Street. 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 roofing, cuts into the parapet from the back. Two sections of plate glass windows, set in wooden frames, are 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 clad in 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. SIGNIFICANCE: George Williams bought the corner 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 Street 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. He 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 1980'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 d (86) 560 EI Camino Red Bl. Historic Name: Tustin Garage B2. Common Name: Tustin Garage B3. Original Use: Commercial B4. Present Use: Commercial •BS Architectural Style: Eclectic, Mission Revival "B6. Construction History: (CooWuaion date, aftwatiam, and date of alteration) George Williams bought the corner property from Franklin P. Crawford and built the garage in 191 S. •B7. Moved? X No ❑Yes OUnknown Date: Original Locadon: *BL Related Features: B91. Architect` unknown b. Builder. unknown "1310. Signifleancer Theme: Camma+cial Development Area: Santa Ana -Tustin, CA Period of Significance: 1900-1945 Property Type•. Commercial Applicable Criteria: A,B,C (Disaes impost oo. in, of historioai err ndducaasi ocoW n daubed by dame. period, and pog<aphio soops. Aho addnaa in sV*.) TLe buildimg is significant because of its early anociatiaa with the eena*g mdomobile and other ttaospartsdaa modes in Tustin as well at its correction with prominent Tustin commtmity membas. In &Mit= it is a surviving variation of the Hinman Revivd style adapted to a comma tial building. As the automobile became mon available in Tust� new uses were incorporated into the town center to service and repair the vehicles and machinery. The property was sold to La Frontier Gates in 1916 and operated as the "Armw Garage". I,eased to William Htmdry and I ickoles Gulick in 1917, they teamed up to operate the `Tustin OwaW, which was originally started in 1915 at 275 C Street Huntley ani Onliek purchased the building in 1919 and owned the property through 1943. Subsequent owners kept rho garage in operation to date. Oen of the ownas of the Tustin Garage, William M. Huntley, was elected to Tustia's first city council at the time ofinaxporaticn in 1927. Ile also saved as mayor from 19324940 and maintained Tustin's fort fire truck at this g nQL Few picoeas cont ribated mon thin Huntley did to the growth and development of Tustin as a city. This garage has considerable hirtotic importance to the City of Tustin because of its former owners and its roe in that caatnanit)L - con't. BlL Additional Resource Attributes: (i�6}-Cammaciel •1312. Refer ones City of Tumix HktwfeW Swwy, thirtieth stroll archime* ina.. June, 1990, Tun*,: A City of Tiros, Carol H. Jaden, Heritage M"a Carp. 1996. B13. Remarks "B14. Evaluator. TBAW, C. Jaden "Date of Evaluation: Oct 2002 (This space reserved for official comment.) DPR 5230 (1/95) "Required Information • • • Pape 2 of 2 *Resource Name or d (AnWW by recorder) (86) 560 E1 Camino Real Recorded by: TBA West, C. Jordan Daft: November 2002 Continuation Update The building's character defining features include, but are not limited to: a high stucco clad Mission style front f9ade, accented at the corners with each side of the center panel has large square piers with concrete carp • 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 two sections of plane glass windows, set in wooden frames, placed on each side of the venter c arsiding clad freight door vertical c arsiding and a wood framed freight door located near the back DPR 523L *Required information ATTACHMENT D Submitted Sign Plans 9 H E \ jo ) E [ [ ► -4 pp- ƒ- k\■\ §)k/ 2w2£ d( §] � m2 � @k I aSV �w )§ ) wsd - -9zvV4 d .0-.9 o� m¢ u_ Sm rm1 U wzm = m yZW� w � a m v pp K N W F FJ N N W 2 O F QU LL U W N K F N � O z J � gg g yy{( N O T d .0-.9 o� m¢ u_ Sm rm1 U wzm = m yZW� w � a m v ATTACHMENT E Submitted Supporting Documentation and Photographs LP3architecture 3efte30,-:18A8 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 BY 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 N. Glassell St., Ste 201 Orange, California 92866 Telephone: 714.771.8400 Facsimile: 714.771.8494 LP3ARCH@aol.com DEVELOPMENT APPLICATION FORM LI"3architecture DEVELOPMENT APPLICATION FORM CAMPAIGN CONTRIBUTION STATEMENT ENVIRONMENTAL INFORMATION FORM CONCEPTUAL BLADE SIGN STRUCTURAL CALCULATIONS APPLICABLE TUSTIN CITY ZONING CODE SECTION SUPPORTING CULTURAL RESOURCE DISTRICT IMAGES COMPARABLE EXISTING SURROUNDING SIGNAGE IMAGES SECRETARY OF HE INTERIOR'S STANDARDS LP"" architecture CONTENTS 2 3 4 Cj L 7 8 9 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 after, 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 after, 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 Interior's 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 HgW. Jerome Kidd, proprietor and City Council Member for 18 years after the war was my step -uncle • "Ruby's Cafe" — 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 S 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 S 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 ftallia" 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 ftaaia" 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 RaIW 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 do hall sign not aoolicable 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 R i COMPARABLE EXISTING SURROUNDING SIGNAGE IMAGES Li"3architecture 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" — EI Camino Real • "Assistance League" — EI Camino Real • "Bel Air Motor Hoter — 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 modem 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 RE EC RIv an TA N 16 10 01 CONOMBIRVELOPMENT ; BY BY 121 The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page 1 of 1 1i41 NATIONAL PARK SERVICE with guidelines for preserving rehabilitating restoring & reconstructing historic buildings _ >> introduction and historical overview >> credits >> questions and comments NPS History & Culture / Technical Preservation Services RECEIVED JAN 16 2009 COMMUNITY DEVELOPMENT http://www 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/hps/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.nps-gov/history/hps/tps/standguide/rehab/rehab annroach_htm Bio/I)nnQ 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 the 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. This two-story brick commercial building --with its corner storefront --was originally constructed ca. 1876, then remodeled in 1916 in the Craftsman style and given a new, distinctive roojline. It served a number of uses, including a hotel, boarding house, saloon, restaurant, liquor store, warehouse, and office furniture showroom. The red brick walls had been painted several times over the years. Rehabilitation work included removal of multiple paint layers using a chemical stripper and thorough water rinse; spot repointing with matching mortar; and appropriate interior alterations. The building is now being used as a retail shop. Photos: NPS files. 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. http://www.nps.gov/history/hps/tps/standguide/rehab/rehab_approach.htm 6/9/2008 Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: Choosi... Page 1 of 4 THE STAR 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 http://www.nps.gov/history/hps/tps/standguide/rehab/rehab_approach.htm 6/9/2008 W-GUIDELIN' 1: '.Il_ .` hea to r.)o. The Approa 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 Prior to undertaking worts, a documentation plan for Rehabilitation should be developed. Windows Entrances + Storefronts Interior Fei Choosing Rehabilitation as a Treatment Structural S) Spaces/Feat 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 + Sat THE STAR 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 http://www.nps.gov/history/hps/tps/standguide/rehab/rehab_approach.htm 6/9/2008 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 historical overview - PRESERVING - REHABILITATING - RESTORING - RECONSTRUCTING main - credits - http://www.nps.gov/historyAhps/tps/standguide/overview/choose The Secretary of the Interior's Standards for the Treatment of Historic Properties with Gui... Page 1 of 2 - '„ e ( NATIONAL PANIf�YI �L -INTRODUCTION- i n trod u ction Choosing Treatment Using the Standards 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 Reconstruction, outlined below in hierarchical order and explained: windows Entrances +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 System over time, through successive occupancies, and the respectful changes and alterations Spaces/ Features/Fin isf 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 Energy Efficiency spaces, and spatial relationships that, together, give a property 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 http://www.nps.gov/history/hps/tps/standguide/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 y iRi T +� a,", ­T. NATIONAL rapt seRrl low N WIN Ex:TERIGR FE.'T -INTRODUCTION- Choosing Treatment 'ice•/) ■■ 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. Roofs Windows The storefront is usually the most prominent feature of a historic commercial buildin Entrances +Porches 9. 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/Finisf the storefront itself. Mechanical Systems Site Setting Special Requiremeni Energy Efficiency Accessibility Health + Safety New Additions GUIDELINES �W historical Overview - PRESERVING - REHABILITATING - RESTORING - RECONSTRUCTING main - credits - City of Tustin Planning Commission 300 Centennial Way, Tustin, CA 92780 Re: Planning Commission Hearing 3/10/09 Dear Tustin Planning Commission, RECEIVED MAR 16 2009 COMMUNITY DEVELOPMENT DEPT I wanted to thank you for your kind words regarding The Beach Pit BBQ's support of the Tustin Community at our hearing regarding sign approval. While I hope and believe that we have great BBQ and I'm proud of our staff of local kids, your comments regarding our community involvement really touched what our business is all about. My wife. and I along with our partners set out to create a community restaurant where families and friends could feel comfortable bringing there kids and enjoy time with friends. From day one, our restaurant has felt the best way to encourage that kind of atmosphere was to be a business that in turn got behind and supported the community it was serving. This will always be the way the Beach Pit BBQ will do business as long as we are around regardless of the economy or any other outside factors. The Beach Pit BBQ will continue to support schools, local charities, and youth sports teams in and around Tustin for as long as we are in business. Thank you so much for recognizing this with your kind words in public forum. I was truly flattered. Sincerely, Tim DeCinces Managing Member The Beach Pit BBQ DG BBQ Shack LLC The Beach Pit BBQ 930 W 16" Street Suite Al, Costa Mesa, CA 92627 949-574-0222 — phone 949-574-0322 —fax www.beachpitbbq.com ATTACHMENT F 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: I. 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). 11. 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 adopted at a regular meeting of the Tustin Planning Commission, held on the 10 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 specked, 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 0,5) 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. ATTACHMENT G City Council Resolution No. 09-15 RESOLUTION NO. 09-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING 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 City Council of the City of Tustin does hereby resolve as follows: The City Council 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. 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. E. Section 9252j3(a) authorizes the City Council to permit a nonlisted use which supports the purpose of the District through approval of a Conditional Use Permit following a public hearing and recommendation from the Planning Commission. F. 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, at which time the Planning Commission adopted Resolution No. 4112, recommending that the City Council approve CUP 09-002 and DR 09-003. G. A public hearing was duly called, noticed, and held for Conditional Use Permit 09-002 and Design Review 09-003 on April 7, 2009 by the City Council. H. 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 Resolution No. 09-15 Page 2 neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 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 Council 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; Resolution No. 09-15 Page 3 3. 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 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 concurred with the proposed signs. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). H. The City Council hereby approves 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 at a regular meeting of the City Council of the City of Tustin, held on the 7t" day of April, 2009. Doug Davert Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 09-15 PAMELA STOKER, 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. 09-15 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of April, 2009, by the following vote: Resolution No. 09-15 Page 4 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk 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 April 7, 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. 09-15 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. 09-15 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. 09-15 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.