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HomeMy WebLinkAbout03 CUP 02-012 SCE 02-001ITEM DATE: JUNE 24,2002 SUBJECT: CONDITIONAL USE PERMIT 02-012 SIGN CODE EXCEPTION 02-001 APPLICANT: SOUTHWEST SIGNS 1540 COMMERCE STREET CORONA, CA 92880 ATTN: JACK FOVELL PROPERTY OWNER: MAKENA RESOURCES INC. 2212 DUPONT DRIVE, SUITE P IRVINE, CA 92612 ATTN: BRETT BLANCHARD LOCATION: 1450 EL CAMINO REAL ZONING: RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO INSTALL A FIFTY (50) FOOT TALL FREEWAY POLE SIGN WITH A SIGN AREA OF FIFTY (50) SQUARE FEET FOR A RETAIL CENTER WITH THREE (3) RESTAURANT TENANTS That the Planning Commission adopt Resolution No. 3836 approving Conditional Use Permit 02-012 and Sign Code Exception 02-001. The applicant is requesting approval to install a freeway pole sign. A conditional use permit is required for freeway pole signs, in accordance with Tustin City Code Section 9404(b), the maximum height for a freeway sign is twenty-four (24) feet and fifty (50) square feet of sign area. The applicant is requesting a sign code exception to install a pole sign fifty (50) feet in height. The site is located adjacent to a raised portion of the freeway where the increase in height would be needed for freeway visibility. Planning Commission Report CUP 02-006 June 24, 2002 Page 2 Site and Surrounding Properties The proposed freeway sign is for the center located at the southwest corner of El Camino Real and Red Hill Avenue (Attachment A - Location Map). The retail center was recently approved and is currently under construction. The property is located within the Retail Commercial (C-1) zoning district and is surrounded by commercial uses on the north, east, and west, and the Interstate 5 on the south. Access to the site is provided from El Camino Real. Project Description The pole sign is proposed for a 6,832 square feet retail center with three (3) restaurant tenants. The building is designed as a single-story retail building with an anchor tenant (Starbucks) and a two-story portion on the south side with five (5) ground level tenant spaces and office uses on the second level. The pole sign would be fifty (50) square feet in area and contain three (3) tenant names, two of which are Starbucks and Subway (Attachment B - Submitted Plans and Photosimulations.) The sign is designed as a typical freeway pole sign, with a two (2) foot diameter base and a rectangular shaped cabinet to be installed at the southwest portion of the property, adjacent to the Caltrans right-of-way and the on-ramp from Red Hill Avenue. As indicated by the applicant, the freeway is approximately thirty-five (35) feet high and the proposed sign would extend approximately fifteen (15) feet above the top of the freeway sound wall. The applicant has submitted photo-simulated views of the sign for the southbound and northbound motorists on Interstate 5 and the Red Hill Avenue north-bound off-ramp. Based on the submitted plans and photo-simulations, the sign would provide motorist visibility from the freeway, Red Hill Avenue, and El Camino Real. There are other freeway signs in the vicinity of this site (Wendy's, Shell Station, and Mobil Station). Section 9404b(3) of Tustin City Code requires a minimum twenty-five (25) foot distance between a freeway sign and a non-freeway property line and fifty (50) feet from a freestanding sign on an adjacent property. The proposed sign is more than forty (40) feet from the northerly property line and more than 150 feet from the nearest pole sign north of the site at the Shell Service Station. The proposed freeway sign meets the criteria of Tustin City Code Section 9404b(3) in that the sign is for identification of eating establishments located adjacent to the freeway right- of-way, more than twenty-five (25) feet from a non-freeway property line, and more than fifty (50) feet from a freestanding sign on an adjacent property. In addition, the Tustin City Planning Commission Repod CUP 02-006 June 24, 2002 Page 3 Code requires a freeway sign to be a maximum of twenty-four (24) feet in height and fifty (50) square feet in area. The pole sign is designed in accordance with the maximum sign area requirement; however, it exceeds the maximum allowable height. The applicant requested a sign code exception to increase the height to fifty (50) feet. Section 9405c of the Sign Code states that the Planning Commission has the authority to grant or conditionally grant exceptions to various regulations of the Sign Code, subject to the following findings: Sign size and placement restrictions of the sign code shall be closely followed as practicable. The area of the freeway sign would comply with the maximum area allowed by Tustin City Code Section 9404(B)(3)(c), which is fifty (50) square feet of area. The height of fifty (50) feet would allow the sign to be approximately fifteen (15) feet above the elevated freeway and provide for visibility at a sufficient distance for drivers on the I-5 Freeway to make a decision to exit the freeway at Red Hill Avenue. The sign would be installed along the southern edge of the property, adjacent to freeway right-of-way, and would not obstruct the visibility of drivers on adjacent roadways. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. The Sign Code provides for pole signs for freeway-oriented businesses, such as restaurants. The proposed sign is consistent with Sign Code with the exception of the proposed height. Given the proximity of the site to an approximately thirty-five (35) foot high elevated portion of the I-5 Freeway, a twenty-four (24) foot high pole sign would not be visible from the freeway. A pole sign height of fifty (50) feet is consistent with the intent and purpose of freeway pole signs to provide visibility to drivers on the freeway. There are special circumstances unique to the property to justify the exception. The project site is roughly triangular in shape, and is bounded on two sides by public streets and on the third side by an elevated section of the I-5 Freeway. A fifty (50) foot tall sign would provide visibility given the property's proximity to the adjacent thirty-five (35) foot high elevated portions of the I-5 Freeway. In addition, the building is twenty-eight (28) feet in height and wall signs would not provide visibility to freeway motorists. Granting the exception will not have a negative impact on the surrounding properties. The proposed signs will not be detrimental to, or have a negative effect on, surrounding properties in that the sign is compatible with the existing uses and Planning Commission Report CUP 02-006 June 24, 2002 Page 4 improvements in the surrounding area in location, proposed sign is compatible with the building design. size, and fabrication. The The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code. The proposed sign would promote the public, health, safety, or welfare of the community in that the height of the sign would provide adequate visibility to motorists on the I-5 Santa Aha freeway to allow for safe movement for potential customers and the sign area and design are consistent with the intent of the Sign Code for freeway pole signs. Minoo Ashabi Associate Planner Karen Peterson Senior Planner Attachments: A. Location Map B. Submitted Plans and Photo Simulations C. Resolution No. 3836 S:\Cdd\PCREPORT~CUP02-012, SCE 02-001-ma.doc ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO. ADDRESS TU~TIN ATTACHMENT B SUBMITTED PLANS AND PHOTO SIMULATIONS ZliJ~ ATTACHMENT C RESOLUTION NO. 3836 RESOLUTION NO. 3836 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 012 AND SIGN CODE EXCEPTION 02-001 AUTHORIZING INSTALLATION OF A FIFTY ($0) FOOT TALL FREEWAY POLE SIGN WITH A FIFTY (50) SQUARE FOOT CABINET FOR THREE (3) TENANT SIGNS LOCATED AT 1450 EL CAMINO REAL The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A proper application, Conditional Use Permit 02-012 and Sign Code Exception 02-001, was filed by Southwest Sign Company on behalf of Makena Capital LLC, requesting authorization to install a fifty (50) foot tall freeway pole sign with a fifty (50) square foot cabinet for three tenant signs for the retail center at 1450 El Camino Real, within the Retail Commercial (C-1) Zoning District and Community Commercial General Plan land use designation. Freeway signs are conditionally permitted for eating facilities adjacent to the freeway and the proposed project for which the sign is proposed is consistent with the policies and requirements of the Retail Commercial (C-1) zoning district and Community Commercial General Plan land use designation. In addition, 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. C. The Planning Commission reviewed the application on June 24, 2002. That the establishment, maintenance and operation of the proposed market 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, nor 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 the sign would be used for identification of eating establishments located adjacent to freeway right-of-way with more than a twenty-five (25) foot separation from a non-freeway property line and more than fifty (50) feet from another freestanding sign on an adjacent property. The proposed freeway sign meets the sign criteria for a freeway pole sign with the exception of the proposed height. The Planning Commission is authorized to approve exceptions to various regulations of the Tustin Sign Code subject to the following findings: Resolution No. 3836 Page 2 = Sign size and Placement restrictions of the sign code shall be closely followed as practicable. The area of the freeway sign would comply with the maximum area allowed by Tustin City Code Section 9404(B)(3)(c), which is fifty (50) square feet of area. The height of fifty (50) feet would allow the sign to be approximately fifteen (15) feet above the elevated freeway and provide for visibility at a sufficient distance for drivers on the I-5 Freeway to make a decision to exit the freeway at Red Hill Avenue. The sign would be installed along the southern edge of the property, adjacent to freeway right-of- way, and would not obstruct the visibility of drivers on adjacent roadways. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable, The Sign Code provides for pole signs for freeway-oriented businesses, such as restaurants. The proposed sign is consistent with Sign Code with the exception of the proposed height. Given the proximity of the site to an approximately thirty- five (35) foot high elevated portion of the I-5 Freeway, a twenty- four (24) foot high pole sign would not be visible from the freeway. A pole sign height of fifty (50) feet is consistent with the intent and purpose of freeway pole signs to provide visibility to drivers on the freeway. There are special circumstances unique to the property to justify the exception. The project site is roughly triangular in shape, and is bounded on two sides by public streets and on the third side by an elevated section of the I-5 Freeway. A fifty (50) foot tall sign would provide visibility given the property's proximity to the adjacent thirty-five (35) foot high elevated portions of the I-5 Freeway. In addition, the building is twenty-eight (28) feet in height and wall signs would not provide visibility to freeway motorists. Granting the exception will not have a negative impact on the surrounding properties, The proposed signs will not be detrimental to, or have a negative effect on, surrounding properties in that the sign is compatible Resolution No. 3836 Page 3 with the existing uses and improvements in the surrounding area in location, size, and fabrication. The proposed sign is compatible with the building design. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code. The proposed sign would promote the public, health, safety, or welfare of the community in that the height of the sign would provide adequate visibility to motorists on the t-5 Santa Ana freeway to allow for safe movement for potential customers and the sign area and design are consistent with the intent of the Sign Code for freeway pole signs. This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-012 and Sign Code Exception 02-001 authorizing installation of a freeway pole sign fifty (50) feet in height and fifty (50) square feet in area for the retail center located at 1450 El Camino Real, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of June, 2002. DOUGLASS S. DAVERT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No~ 3836 Page 4 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. 3836 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3836 CONDITIONAL USE PERMIT 02-012 AND SIGN CODE EXCEPTION 02-001 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 24, 2002, 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 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) 1.3 All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional use Permit 02-012 and Sign Code Exception 02-001 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 As a condition of approval of Conditional Use Permit 02-0012 and Sign Code Exception 02-001, 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. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3836 Page 2 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 defense of any such action under this condition. 1.6 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 appeat process as established by the City Council ordinance. 1.? 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 (3) 2.1 At plan check, submit four (4) sets of construction plans and two (2) sets of structural calculations prepared by a licensed engineer/architect and electrical drawing. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 2.2 The pole sign shall be designed and engineered to comply with the 1998 California Building Code (CBC), 1998 California Electrical Code (CEC), City Ordinances, and State and Federal laws and regulations. (1) 2.3 The freeway pole sign cabinet shall be designed with a cornice to complement the building design. Materials, colors, finishes, and specifications for the sign shall be submitted at plan check for review and approval of the Community Development Department. USE RESTRICTIONS (1) 3.1 The freeway pole sign shall be limited to a maximum height of fifty (50) feet and a maximum cabinet sign area of fifty (50) square feet for identification of a maximum of three (3) restaurant tenants or eating establishments. Any alterations to the sign, including a face change, shall be authorized in writing by Community Development Department. (*) 3.2 The sign letter height shall be a minimum of fifteen (15) inches for motorist visibility. (1) 3.3 The pole sign structure, sign cabinet, and internal components shall be maintained in good repair. Flickering or burned out bulbs, broken faces, faded or peeling paint, or other elements shall be repaired within 48 hours of notification by the City. The sign shall not be illuminated until all repairs have been completed. Exhibit A Resolution No. 3836 Page 3 FEES (2) 4.1 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 $43.00 (forty-three 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.