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HomeMy WebLinkAboutCC RES 09-15RESOLUTION 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. Resolution No. 09-15 Page 1 of 8 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 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; Resolution No. 09-15 Page 2 of 8 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; 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). II. 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, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Tustin held this 7t" day of April, 2009. Resolution No. 09-15 Page 3 of 8 PAMELA ST City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-15 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7~' day of April, 2009, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Davert, Amante, Gavello, Nielsen, Palmer (5) None (0) None (0) None (0) PAMELA STOK CITY CLERK Resolution No. 09-15 Page 4 of 8 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 5 of 8 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 6 of 8 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 7 of 8 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. Resolution No. 09-15 Page 8 of 8