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HomeMy WebLinkAboutPC RES 3836RESOLUTION 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 (50) 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 I-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~)12 AND SIGN CODE EXCEPTION 02~)01 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. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC~C 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) 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 appeal process as established by the City Council ordinance. (1) 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 engineedarchitect 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. In the event of a vacancy, a solid plex sign face shall be inserted into the sign cabinet. No for lease, rent, or similar advertising shall be provided. (*) 3.2 The sign letter height shall be a minimum of eleven (11) inches with a maximum of one line of copy per tenant 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 Exhibit A Resolution No. 3836 Page 3 notification by the City. The sign shall not be illuminated until all repairs have been completed. 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.