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HomeMy WebLinkAboutPC RES 356810 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3568 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 97-028 AND SIGN CODE EXCEPTION 97-003, AUTHORIZING THE REMODELING OF AN EXISTING BUILDING TO INCLUDE EXPOSED TUBE NEON DESIGN ELEMENTS AND ONE FIFTY (50) SQUARE FOOT SECONDARY SIGN IN LIEU OF TWO TWENTY-FIVE (25) SQUARE FOOT SECONDARY SIGNS ON THE PROPERTY LOCATED AT 1140 IRVINE BOULEVARD. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: a. That a proper application, Design Review 97-028 and Sign Code Exception 97-003, was filed by Rreef - IV, Inc. to authorize the remodel of an existing building and the use of exposed tube neon, and to authorize a fifty (50) square foot secondary sign in lieu of two twenty-five (25) square foot secondary signs on the property located at 1140 Irvine Boulevard. B . The project contains exposed tube neon design elements. Pursuant to City Code Section 9404(c) (2)), th~ use of exposed tube neon as a permanent feature integrated with a building's architectural design is 'to be reviewed by the Planning Commission. C . Pursuant to Sign Code Section 9405c, the request to install the fifty square foot secondary sign copy can be supported by the following findings: i · Is the sign size and placement restrictions of the Sign Code followed as closely as practicable? The size and placement restrictions are followed as closely as practicable. The primary sign is in compliance for both size and placement. The secondary sign is in compliance for placement, but to maximize visibility and identify the building entrance, one sign of fifty square feet is proposed in lieu of two twenty-five square foot signs. · Is the intent and purpose of the sign regulations for the land use zone in which the sign is to be located followed as closely as practical? As conditioned, the intent and purpose of the sign regulations are followed as closely as practical. The proposed signs will appear in scale with the project and are compatible with other signs within the center in size and color. !0 !1 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3568 Page 2 · Are there special circumstances unique to the property to justify the exception? There are special circumstances unique to the property in that the building's entrance does not front onto the adjacent street and, because nhe building is freestanding it does not have tenant signage on the center identification sign. · How would the granting of the exception not have a negative impact on surrounding properties? The proposed signs will not be detrimental to, or have a negative effect on, surrounding properties in that the signs are compatible with uses in the surrounding area in location, size, and fabrication. The proposed sign complements the existing signs and architecture of the center and is directed away from the residential properties. · How does the exception promote the public health, safety, welfare and aesthetics of the community and intent of the Sign Code? The proposed sign would improve the aesthetics of the center in that the sign is designed to be an integral component of the building architecture and will not impact residential properties. D o The subject property is located within the Town Center Redevelopment Project Area. Pursuant to Tustin City Code Section 9299(b), the Zoning Administrator has forwarded action on Design Review 97-028 to the Planning Commission for consideration. E o As conditioned, the project has been found consistent with the Town Center Redevelopment Project Area Plan. F · Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the architectural features, materials and colors 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 Planning Commission has considered at least the following items: i . Setbacks and site planning. Exterior materials and colors. Landscaping, parking area design and traffic circulation. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3568 Page 3 o . o . Location, height and standards of exterior illumination. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfa'res. Development Guidelines and criteria as adopted by the City Council. The use of exposed neon is designed to be an integral component of the building architecture and will not impact residential properties. H , That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act Section 15301. II. The Planning Commission hereby approves Design Review 97-028 to authorize the remodel of an existing building to include exposed tube neon as a design element located at 1140 Irvine Boulevard, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 1997. HOWAR~A.~- M~MAN Chairman ELIZABETH A. BINSACK Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3568 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3568 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 1997. ELIZABETH A. B~NSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 97-028/SIGN CODE EXCEPTION 97-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3568 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 8, 1997 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance' of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 97-028 and Sign Code Exception 97-003 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Community Development Department. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S * * * EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Conditions of Approval DR 97-028/SCE 97-003 Page 2 PLAN SUBMITTAL (1) 2.1 When submitting for a building permit, submit three sets of plans, two sets of structural and energy calculations. Site plan, landscape plan, electrical, mechanical and plumbing plans shall be included. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 Plans for remodeled area shall comply with applicable codes, City Ordinances and the state and federal laws and regulations to include: 1994 Uniform Building Code with California Amendments 1994 Uniform Mechanical Code with California Amendments 1994 Uniform Plumbing Code with California Amendments 1993 National Electrical Code with California Amendments T-24 California Energy Efficiency Standards (3) 2.3 A parking space, primary entrance to the building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities. (1) 2.4 The plans shall clearly indicate existing and proposed improvements. *** 2.5 Circulation improvements such as raised landscape planters shall be provided in the parking field east oz the subject building to minimize vehicles entering 5he center from traversing across marked parking spaces. Said improvements shall be subject to the approval of the Community Development Director and Traffic Engineer during review of the construction level drawings. NOISE (1) 3.1 Ail construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise'determined by 5he Building Official. (1) 3.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Exhibit A Conditions of Approval DR 97-028/SCE 97-003 Page 3 (1) 3.3 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are prohibited. ARCHITECTURE (1) 4.1 Ail exposed metal flashing or trim shall be painted per plans or to match the building. (1) 4.2 The overall lighting for the project shall comply with the City of' Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. All exterior lighting shall be decorative in design to match the center and arranged as not to direct light or glare onto adjacent properties or streets. (4) 4.3 Provide exact details of all exterior door and window types, including but not limited to such information as frame color and glass tint. A final materials and color board shall be submitted during plan check for approval by the Community Development Department. (4) 4.4 Ail roof-mounted equipment, vents, exhaust and other roof penetrations shall be located a minimum of six (6) inches below the top of the parapet. SIGNS *** 5.1 The proposed business is permitted the following signs: a , Primary wall sign - one (1) primary wall sign for the purpose of business identification only. The sign area may not exceed 75 square feet. The sign must be located below the roof eave. b . Secondary wall sign - One (1) secondary wall sign for the purpose of business identification only. Secondary wall sign shall face onto the parking area. The sign area square footage shall be a maximum of fifty (50) square feet. The sign must be located below the roof eave. (4) 5.2 The use of exposed raceways shall be prohibited. *** 5.3 The exposed neon signs shall be maintained in proper operating order at all times. If the City becomes aware of any neon lighting or signs which are not operable, the Exhibit A Conditions of Approval DR 97-028/SCE 97-003 Page 4 applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City. FEES (1) 6.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A, Building plan check and permit fees to the Community Development Department based on the most current schedule. , Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 6.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.