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HomeMy WebLinkAboutPH 1 CUP 92-031 02-16-93PUBLIC HEARING NO. 1 2-16-93 Inter -Com ATE: FEBRUARY 16, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONS OF APPROVAL FOR AN AMENDMENT TO CONDITIONAL USE PERMIT 92-031. RECOMMENDATION Pleasure of the Council. BACKGROUND In September 1992, the Planning Commission considered a request by Musil Perkowitz Ruth, Inc. to approve a master sign plan for the Tustin Heights Shopping Center located at 1076-1222 Irvine Boulevard. The Planning Commission approved the Master Sign Plan including granting certain deviations for wall and arcade signs for business identification, but denied a request to modify the appearance of an existing 60 feet high pole sign. The subject pole sign was erected according to County standards and annexed into the City in 1966, and consists of two metal poles approximately 24 feet apart supporting illuminated sign panels. Condition 1.8 of Planning Commission Resolution 3093 required the applicant to bring the existing 60 feet high pole sign on the subject site into conformance with the City of Tustin's current Sign Code. In addition, Condition 1.8 prohibited the approval and issuance of any site permits for the Master Sign Plan and permits for structural alterations to the facade of the shopping center unless the following conditions were met: 1. The existing non -conforming pole sign is removed; or 2. A Conditional Use Permit for a new pole sign or modification of the existing pole sign is submitted and approved by the Planning Commission which meets the requirements of Tustin City Code Section 9404b2, including that the sign be compatible with the project and not exceed 20 feet in height and 50 square feet in copy area; or 3. A monument center identification sign is installed which meets the requirement of Tustin City Code Section 9408. City Council Report Conditional Use Permit 92-031 February 16, 1993 Page 2 The applicant subsequently appealed Condition 1.8, however, the City Council agreed to table the appeal pending the applicant's desire to propose an alternative pole sign design to the Planning Commission. In an attempt to reach a compromise with the Planning Commission on the height of the pole sign, the applicant submitted an amendment to Conditional Use Permit 92-031 for the original master sign plan for the project, requesting two center identification monument signs and an alternative pole sign design. On January 11, 1993, the Planning Commission adopted Resolution No. 3111M. The resolution denied the request for a 30 feet high pole sign to replace the existing non -conforming 60 feet high pole sign but approved a deviation from the Sign Code authorizing the construction of two center identification monument signs with tenant identification exceeding six square feet in area for Ralph's Market. On January 18, 1993, an appeal of the Planning Commission's action related to the two following conditions of Resolution No. 3111M was received: 1.3 All conditions of approval of Resolution No. 3093 including Condition No. 1.8 shall remain in effect. 1.5 The deviation from Sign Code Section 9408E to allow a tenant identification sign to exceed six square feet on the two center identification monument signs is for Ralph's Market identification only. In the event that Ralph's Market identification is removed from the two center identification monument signs, all tenant identification for the subject signs shall conform to current Sign Code requirements. Tustin Heights Shopping Center is located on the south side of Irvine Boulevard near Newport Avenue. It is bounded by Packers Square Shopping Center and Packers Square Condominiums on the south, commercial properties to the west and north and a professional building and single Family residential uses to the east. City Council Report Amendment to Conditional Use Permit 92-031 February 16, 1993 Page 3 A public hearing notice identifying the time, date and location of the public hearing for this appeal was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, Tustin City Hall and Police Department. The applicant was informed of the availability of a staff report for this item. DISCUSSION In taking action on the original Master Sign Plan in September 1992, the Planning Commission also granted a deviation from the Sign Code. A deviation from Sign Code Section 9408C2 was permitted to provide signs that are proportional to the large facades of the three major tenant spaces at the shopping center. Section 9408C2 permits walls signs for individual business identification to be 15% of the storefront area, but not to exceed 75 square feet. The deviation permitted by the Planning Commission allowed the maximum sign -area-to be up to 150 square feet - for the three major tenant spaces on the subject property. In addition to these deviations granted in, September, the applicant also requested the following deviations in their application to amend CUP 92-031: 1. A deviation to provide two center identification monument signs along the Irvine Boulevard frontage of the project instead of one center identification monument sign per street frontage as permitted by Sign Code Section 9408A (see monument sign discussion which follows). 2. A deviation to allow business identification of Ralph's Market to exceed six square feet on the two center identification monument signs instead of limiting the business identification to six square feet in area as permitted by Sign Code Section 9408E for center identification signs (see monument sign discussion which follows). 3. A deviation to allow a 30 feet high pole sign with 160 square feet of copy area for center identification instead of a 20 feet high sign with 50 square feet of copy area as permitted by Sign Code Section 9404b2. City Council Amendment to February 16, Page 4 Report Conditional Use Permit 92-031 1993 Monument Signs The monument signs proposed by the applicant would be placed at two secondary Irvine Boulevard entrances to the subject property. One monument sign would be located at the west driveway entrance to the project, closest to Newport Avenue, and one sign would be located at the existing driveway entrance between the existing restaurant and existing bank on the site (see attached plans). The monument signs would be six feet in height, and approximately 20 feet in width and would contain a total of 75 square feet of copy area including Ralph's Market identification as permitted for center identification signs pursuant to Sign Code Section 9408A. The signs would have a sand finish texture coating with a precast concrete cap and key at the top of the monument sign. The colors proposed for the monument signs are white, tan and darker tan. Even though the applicant originally proposed to identify only Ralph's Market on the monument signs, the applicant is now appealing the Planning Commission's Condition 1.5 which allows tenant identification to exceed six square feet on the two center identification monument signs for Ralph's only. In considering the approval of a Conditional Use Permit related the monument sign tenant identification, the Planning Commission made the following finding: "A deviation from Section 9408E, which limits tenant identification on a center identification monument signs to a maximum of ,six square feet, to allow a tenant identification to which exceeds six square feet is justified as many patrons recognize the center as "Ralph's Center". The inclusion of the particular tenant identification that , would exceed six square feet would enhance the safety and general welfare of the public by eliminating possible confusion and providing clear center identification". While it is evident that a deviation to allow Ralph's Market identification is justified, it may be reasonable to allow the tenant identification to exceed the Sign Code requirement for another typical single tenant retailer like a Ralph's should Ralph's Market relocate off the site and their identification is removed. However, multiple tenant identification greater than six square feet on the center identification sign would cause confusion. Should it be desirable to allow another tenant identification exceeding six square feet in area to be placed on the two center identification monument signs, Condition 1.5 could City Council Report Amendment to Conditional Use Permit 92-031 February 16, 1993 Page 5 be reworded as follows: "The deviation from Sign Code Section 9408E to allow a tenant and center identification sign to exceed six square feet on the two center identification monument signs is for a single tenant only. Only one shopping center tenant shall be allowed on each monument sign and such tenant identification shall not exceed six square feet on each of the two center identification monument signs. Pole Sian The 30 feet high pole sign is proposed to replace the existing 60 feet high pole sign. The pole sign would be located at the primary driveway entrance to the shopping center at the traffic light. The pole sign would be located in the same landscape planter as the existing pole sign, perpendicular to the street. The architectural features of the pole sign would be compatible with the design of the two center identification monument signs. The pole sign would be metal with sand finish texture coating to simulate smooth stucco. The illuminated shopping center identification would be at the top of the sign above the cap detail and in a semicircular projection that reaches 30 feet in height. The body of the pole sign which reaches a maximum of 27 feet in height would be approximately 16 by 16 square feet and contain three major tenant signs. These tenant signs would be 50 square feet of copy area each and would consist of illuminated cut out letters on opaque panels. The support structures for the sign would be approximately 11 feet high and would be square. The total copy area for the proposed sign would be 160 square feet including the words "Tustin Heights Shopping Center" at the top of the sign. The body color of the sign would be white with a tan support structure and darker tan highlights. In denying the applicant's request for a deviation to allow a 30 feet high pole sign with 160 square feet of copy area instead of a 20 feet high pole sign with 50 square feet of copy area permitted by the Sign Code, the Planning Commission made the following findings: 111. The Sign Code regulations provide for effective business identification, to ensure compatibility of proposed signs with the surrounding environment and avoids sign clutter by limiting the size of signs. Sign Code Section 9404b2 permits a center identification pole sign to be a maximum of 20 feet in height with 50 square feet of sign copy City Council Amendment to February 16, Page 6 Report Conditional Use Permit 92-031 1993 area. The proposed pole sign at 30 feet high, would contain 160 square feet of copy area between eleven feet above grade and 30 feet above grade, causing patrons to look up to view the proposed sign. Additionally, Irvine Boulevard is curved where it abuts the subject property, limiting the visibility of the proposed sign. This condition, combined with the foliage of the street trees which would conceal part of the sign, result in a lack of visibility of the proposed pole sign. Therefore, no deviation from the Sign Code is justified to allow a pole sign more than 20 feet in height, as the proposed sign does not provide effective business identification. 2. The proposed pole sign would not be compatible with the surrounding environment as the existing tree foliage would obscure the body of the pole sign, causing unnecessary sign clutter at the location". The Planning Commission agreed that reducing the pole sign proportionately to bring the. height of the pole sign into conformance with the Sign Code would provide an attractive, visible pole sign that would benefit the welfare of the residents of the City. Reducing the sign proportionately would bring the body of the sign down to about 7.5 feet from grade instead of 11 feet from grade. The approximate width of the sign would be eleven feet instead of sixteen feet, and the sign copy area would be about 107 square feet, down from 160 square feet. In the event that the City Council feels that there has been adequate compromise on the part of the applicant to propose a pole sign that is in keeping with the intent of the Sign Code, and a deviation to permit a 30 feet high pole sign with 160 square feet of copy area is warranted, the City Council could consider the following: a. A 30 feet high pole sign might be justified as it provides business identification for a large shopping center that is approximately 12.34 acres in area and has 113,694 square feet of leasable space. The 30 feet high pole sign might enhance the health, safety, comfort and general welfare of persons residing or working in the area by providing visible identification for the shopping center that is setback a minimum of 120 feet and a maximum of 410 feet from Irvine Boulevard and is screened by mature street trees lining Irvine Boulevard. The 30 feet high, 160 square feet of City Council Report Amendment to Conditional Use Permit 92-031 February 16, 1993 Page 7 copy area pole sign might further enhance visibility for persons in automobiles traveling the posted speed limit of 40 miles per hour along Irvine Boulevard. b. A deviation from the Sign Code to permit a 30 feet high pole sign might not be injurious or detrimental to surrounding properties or the general welfare of the City of Tustin as it will be located approximately 350 feet from the nearest adjacent property to the west and about 730 feet from the nearest adjacent property to the east, and would be screened from the adjacent properties by the existing mature street trees. The 3.0 feet in height pole sign might not be detrimental to the properties across Irvine Boulevard to the north as the pole sign would be aligned horizontally with the street trees and be buffered by street trees on both sides. c. Granting a deviation from the Sign Code to permit a 30 feet high pole sign at Tustin Heights Shopping Center might not set a precedent, as the shopping center has a unique setting in that it has approximately 1,080 feet of street frontage and is curved and lined with mature street trees that limit visibility. The shopping center itself is set back an average of 265 feet from Irvine Boulevard, reducing the visibility of the shopping center buildings. City Council Amendment to February 16, Page 8 CONCLUSION Report Conditional Use Permit 92-031 1993 Staff will be available to answer any questions and to provide alternative resolutions to the City Council at their meeting on February 16, 1993 to support any direction provided. Becky Stone Assistant Planner Attachments: Exhibits Christine S in eton Assistant cityManager Attachment A- Planning Commission Resolution 3093 Attachment B- Planning Commission Resolution 3111M Attachment C- Applicant' appeal letter Attachment D- Planning Commission Minutes January 11, 1993 Attachment E- Planning Commission staff report January 11, 1993 BS:br:2-16-93 NO SCALE AMENDMENT CONDITIONAL US. ?ERMIT 92-031 D X r D -:- Z � � � ^ T C Lo D En O C FE m o D D � m � � 7 Cl) m D D o D _o • z m N n o 111 = R, z �rNN D T cr =i M a=+..� c a O Z c m Z 4 Y. Z T m m � Y L:. 2 e.� x� Ir i � I .. I I I • SAWO RNLSfj TE; � MA 5760Y SARP FWtSH TM t$"-r-AA7.5SSgS2M 13� allME-CAST CONCRM CAF �_O u -FRAZW 5382M SARo F:th1tsH TF -XT. COAT - FRAZEF. 576OW SAND RNtSH TEXT. CONT -?:RAZEE 5 Z2M r.,Z- E - 0 3o'_OI TYPE Ue)7 H G1C�QC�,H4� Cf) m r D z fti Ste. t!1 m T r Z C cn z n D N m n O iT O n rn CD m m D 0 cn C K D >mm oo �7j o 9 o,mc = w 1 PoIc It N P 5� O '• CcN m OI \ . p P � a) C_ s o m > t!1 m T r Z C cn z n D N m n O iT O n rn CD m m D 0 cn C K D NEWPORT AVENUE \ 1 It — /i ir —•O r. \ NEWPORT AVENUE \ A T T A C H M E N T A PLANNING COMMISSION RESOLUTION NO. 3093 1! 2 3 4 5 G 7 8 9 10 11 12i 13 14 15 1C� 17 18� 1� 21 Ii 2 i I' `'3' l l 24' ' `?5 26 27 28 RESOLUTION NO. 3093 A RESOLUTION OF THE PLANNING COMMISSIOi: OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-031 ESTABLISHING A MASTER SIGN PLAN AT TUSTIN HEIGHTS SHOPPING CENTER LOCATED AT 1076- 1222 IRVINE BOULEVARD. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and deter:.►ines as follows: A. A proper application for Conditional Use Permit 92- 031 was filed by Musil Perko::itz Ruth, Inc. requesting approval of a Master Sign Plan for the Tustin Heights Shopping Center. B. A public hearing was duly noticed, called, and held on said application on September 28, 1992. C. Pursuant to Section 9291 of the Tustin City Code, the Commission finds that the proposed Master Sign Plan for the Tustin Heights Shopping Center will not be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the general area nor will it be injurious or detrimental to the property or general welfare of the City of Tustin as evidenced by the following: 1. The Master Sign Plan will provide for s5gns that are compatible with, and complimentary to the proposed architectural design and treatments of the Tustin ::eights Shopping Center. 2. The goals and objectives of the proposed Master Sign Plan, and the locations, proportions, areas, and st%---ng of sign types are not injurious or de=:imental to the welfare of the City or its residents. 3. The Master Sign Plan would e_iminate a second wall sign at Ralph's there'---,: increasing the conformity of the signs at t::e shopping center with the Sign Code. D. This project has been de==rmined to be Categorically Exempt (Class 11) p*-*: suant to Section 15311 of the California Environmental Quality Act. ATTACHMENT A I 2 i 3 4 5 G i 8 9 10 11 12 13 14 15 lc! 17 18 J9 20 211 i 22i 23 2)4 25 ,)G 27 28 i Resolution No. 3093 Page 2 II. The Planning Commission hereby approves Conditional Use Permit 92-031 establishing a Master Sign Plan for the Tustin Heights Shopping Center subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 28th day of SeptelRlerl 1 2. i AL L. BAKER Chairman Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3093 was 'duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of September, 1992. IKA HLEEN CLANCY Recording Secretary IP EXHIBIT A CONDITIONAL USE PERMIT 92-031 CONDITIONS OF APPROVAL RESOLUTION NO. 3093 GENERAL (1) 1.1 All signs for Tustin Heights Shopping Center shall substantially conform with the Master Sign Pian date stamped September 23, 1992, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. Minor modifications at working drawings submittal may be submitted for review and approval by the Director of Community Development if found to be in substantial conformance with the Master Sign Plan. (1) 1.2 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of sign or building permits.,. (1) 1.3 All signs shall comply with the applicable provisions of the Uniform Building Code -and the w_ National Electrical Code as adopted by the City • (including UL approvals). (1) 1.4 Permits shall be required for all signs as necessary. (1) 1.5 Construction level plans, including any required structural calculations, for all project signs shall be submitted, reviewed and approved by the Community Development Department prior to issuance of sign permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDLINES (2) CEQA MITIGATION (7) PC/CC POLICY (3) UNIFORM BUILDING CODE/S (8) MUNICIPAL CODE (4) DESIGN REVIEW *** EXCEPTION Resolution Exhibit A Page 2 No. 3093 (8) 1.6 All signs in the Center shall conform with the master sign plan upon the completion date of the proposed facade remodel, or by December 31, 1993, whichever dates occurs first. (5) 1.7 Variance 83-4 is superseded by CUP 92-031. Applicant shall remove the note from General Notes B.5 regarding the existing market being allowed two 75 square feet signs as per Variance 83-4 and submit a revised master sign plan document prior to issuance of any sign permits. (5) 1.8 Approval of Conditional Use Permit 92-031 for the Master Sign Plan for Tustin Heights Shopping Center is con�ingent upon the requirement that the existing non -conforming sixty (60) foot pole sign on the subject site be brought into• conformance with the City of Tustin's current Sign Code. No sign permits consistent with ,the new Master Sign Plan for the shopping center nor structural alterations to the facade of the shopping center shall be approved prior to one of the following conditions being met: a. The existing, non -conforming pole sign is removed; 'or b. A Conditional Use Permit for a new pole sign or modification of the existing pole sign is submitted and approved by the Planning Commission, authorizing a pole sign which meets all requirements of Tustin Sign Code Section 9404b2 including that the sign be ccmpatible with the project and not exceed twenty (20) feet in height and fifty (50) sc_*are feet in copy area (encompasses the e}:zrene units of copy with any frame or trim fc=ming an integral part of the display such as sign cabinet); or c: A mc-Aument center identification sign is instz_.led which meets the requirement of Tustin Sign Code Section 9408. FEES (1) 2.1 All app:icable plan check, sign and building permit fees si:ali be paid to the Community Development Department prior to issuance of any sign permits. A T T A C H M E N T B PLANNING COMMISSION RESOLUTION NO. 3111M 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . 20 211 22 23 24 25 26 27 28 RESOLUTION NO. 3111M A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT 92-031, APPROVING AN AMENDMENT TO A MASTER SIGN- PLAN AND PERMITTING CONSTRUCTION OF TWO SIX FEET HIGH, 75 SQUARE FEET COPY AREA MONUMENT SIGNS FOR CENTER IDENTIFICATION AND DENYING CONSTRUCTION OF A 30 FEET HIGH, 160 SQUARE FEET COPY AREA POLE SIGN AT TUSTIN HEIGHTS SHOPPING CENTER LOCATED AT 1076- 1222 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. A proper application for Conditional Use Permit 92- 031 was filed by Musil Perkowitz Ruth, Inc. requesting approval of an amendment to the Master Sign Plan for the Tustin Heights Shopping Center. The amendment is a request to deviate from Tustin City Code Section 9404b2 to allow a new 30 feet high pole sign to replace the existing 60 feet high pole sign; and to deviate from Sections 9408A and 9408E to allow two six feet high, 75 square feet copy area monument signs with one major tenant identification to be placed on each sign at two different entrances. B. A public hearing was duly noticed, called, and held on said application on January 11, 1993. C. Pursuant to Section 9291 of the Tustin City Code, the Commission finds that the proposed amendment to the Master Sign Plan which would permit two deviations from the Sign Code, allowing two, six feet high, 75 square feet copy area monument signs with one major tenant identification to'be included on each sign at Tustin Heights Shopping Center would not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the general area nor would it be injurious or detrimental to the property or general welfare of the City of Tustin as evidenced by the following: 1. A deviation from Section 9408A, which permits one center identification monument sign per street front, to permit two center identification monument signs to be located on Irvine Boulevard is justified as two monument signs. are necessary to provide effective business identification. The property is 1,080 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 3111M Page 2 feet. long where it abuts Irvine Boulevard, and the street is curved in this portion. This condition pomined with the foliage 'of the street' t ees results in difficulty viewing a sign at the primary entrance from both east and west approaches to the shopping center on Irvine Boulevard. Additional center identification . monument signs. at other entrances to the shopping center would eliminate possible confusion and provide clear center identification. 2. A deviation from Section 9408E, which limits tenant identification on a center identification monument signs to a maximum of six square feet, to allow a tenant identification to which exceeds six square feet is justified as many patrons recognize the center as "Ralph's Center". The inclusion of the particular tenant identification that would exceed six square feet would enhance the safety and general welfare of the public by eliminating possible confusion and providing clear center identification. 3. The monument signs would be consistent with the architecture, materials, and colors of the proposed facade renovations for the Tustin Heights Shopping Center. The architectural features of the proposed monument signs would also be compatible with the proposed facade renovation, enhancing the aesthetic characteristics of the property. D. Pursuant to Section 9291 of the Tustin City Code, the Commission finds that the proposed amendment to the master sign plan to allow construction of a 30 feet high, 160 square feet, in copy area, pole sign to replace the Existing 60 feet high pole sign would be detrimental to the health, safety, morals, comfort and general welfare of person residing or working in the general area and would be injurious or detrimental to the property or general welfare of the City of Tustin as evidenced by the following: 1. The Sign Code regulations provide for effective business identification, to ensure compatibility of proposed signs with the surrounding environment and avoids sign clutter by limiting the size of signs. Sign 8 9 10 I1 12 13 14 11 16 li 18 19" 20 21, 22 291 24! I 251 Resolution No. 3111M Page 3 Code Section 9404b2 permits a center identification pole sign to be a maximum of 20 feet in height with 50 square feet of sign copy area. The proposed pole sign at 30 feet high, would contain 160 square feet of copy area between eleven feet above grade and 30' feet above grade, causing patrons to look up to view the proposed sign. Additionally, Irvine Boulevard is curved where it abuts the subject property, limiting the visibility of the proposed sign. This condition, combined with the foliage of the street trees which would conceal part of the sign, result in a lack of visibility of the proposed pole sign. Therefore, no deviation from the Sign Code is justified to allow a pole sign more than 20 feet in height., as'the proposed sign does not provide effective business identification. 2. The proposed pole sign would not be compatible with the surrounding environment as the existing tree foliage would obscure the body of the pole sign, causing unnecessary sign clutter at the location. E. This project has been determined to be Categorically Exempt (Class 11) pursuant to Section 15311 of the California Environmental Quality Act. II. The Planning Commission hereby approves an Amendment to Conditional Use Permit 92-031 amending the Master Sign Plan and approving deviations to Sign Code Section 9408A and 9408E pursuant to Section 9403h(2)(e) and denying a deviation to Sign Code Section 9404b2 of the Tustin Heights Shopping Center subject to the conditions contained in Exhibit A, attached hereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution Nk Ji11M Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the lith day January, 1993. 119 W -or ff RI SAtr Chairpe son. M KATHLEEN CLAMCY Secretary STATE OF CALIFORNIA . COUNTY OF ORANGE ) . CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of - Tustin, California; that Resolution No. 3111M was duly passed and adopted at a regular meeting of the Tustin .Planning Commission, held on the lith day of January, 1993. J KATHLEEN CLANCY Recording Secretary I EXHIBIT A AMENDMENT TO CONDITIONAL USE PERMIT 92-031 CONDITIONS OF APPROVAL RESOLUTION NO. 3111M (1) 1.1 The two monument signs approved by this amendment to Conditional Use permit 92-031 shall substantially conform with the sign plans date stamped January 11, 1993, on file with the Community Development Department, as herein modified, or' as modified by the Director of Community Development Department in accordance with this exhibit. Minor modifications at working drawings submittal may be submitted for review and approval by the Director of Community Development if found to be in substantial conformance with the date stamped plans on file with the Community Development Department. (1) 1.2 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of sign or building permits. (1) 1.3 All conditions of approval of Resolution No. 3093 including condition No. 1.8, shall remain in effect. (1) 1.4 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.5 The deviation from Sign Code Section 9408E to allow a tenant identification sign to exceed six square feet on the two center identification monument signs is for Ralph's Market only. In the event that Ralph's.Market identification is removed from the two center identification monument signs, all tenant identification for the subject signs shall conform to current sign code requirements (1) 1.6 The monument sign proposed to be located between the existing bank and restaurant shall be set back from the future proposed right-of-way line of Irvine Boulevard six (6) feet. SOURCE CODES (1) STANDARD CONDITION REQUIREMENT (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY (8) MUNICIPAL CODE A T T A C H M E N T C APPLICANTS APPEAL LETTER REEF The RREEF Funds January 13, 1993 Ms. Christine Shingleton Director of Community Development CITY OF TUSTIN 15222 Del Amo Avenue Tustin, CA 92680 RE: PETITION OF APPEAL FOR CUP 92-031 TUSTIN HEIGHTS SHOPPING CENTER Dear Ms. Shingleton: VIA HAND DELIVERY RECEIVED JAN t& 1993 COMMUNITY DEVELOPMENT BY We respectively request that the items noted above be brought before City Council for reconsideration. Our appeal is specifically directed at condition #1.3, 1.5 in resolution 3111M as imposed by the Planning Commission at the January 1, 1993 hearing. Briefly, we are seeking approvals to remodel the shopping center and provide adequate building signs for the major tenants. The Planning Commission is in support of the proposed remodel, and in fact has approved the building signage; however, they are requiring the removal or major size reduction of the existing pylon sign. At great hardship we propose to compromise our signage by reducing our existing 60 foot pylon sign to 30 feet. In addition we request to reserve the right to include the center identification and other major tenants including Ralphs to the two monument signs. We believe that a minimum of 30 feet in height is required for the pylon sign in order for our tenants and the shopping center to have a chance for future success We are spending a great deal of money to improve the centers appearance. The cost to change out the pylon sign was not included in this budget. The proposed remodel has attracted new anchor tenants, which will improve traffic for other merchants in the center and generate revenues for the City of Tustin. However, if we are unable to remodel these tenants may cancel their leases. 'Part of the attraction for these tenants was that even though these stores in our center are not visible from Newport Blvd., the pylon sign is. In addition, our lease agreement with P.alphs does not allow us to make modifications to the center, which includes the pylon sign, without their approval. They have reluctantly agreed to the 30 foot reduction and the two monument signs. If we were unable to remodel the shopping Center in order to preserve the existing sign, it is our opinion that the Tustin Heights Shopping Center, as a whole, would be in economic jeopardy and would become a major problem not only for us, but for the City of Tustin as well. 1630 l`.\ I714 6 Ms. Christine Shingleton October 2, 1992 Page 2 of 2 Our proposal will not increase building area on site, and is being done strictly to improve customer and tenant interest in the shopping center. A reduction of less than 30 feet would run counter to this goal. This remodel will benefit the surrounding community by upgrading the appearance of the shopping center; however, we will find it extremely difficult to proceed with the conditions imposed and will respectfully request that they be removed. Sincerely, RREEF Robert.Hedmond Operations Manager RH:gb cc: Becky Stone - City of Tustin, Asst. Planner Vickie L. Dewey - RREEF Brian Wolf A T T A C H M E N T D MINUTES PLANNING COMMISSION JANUARY 11, 1993 Planning Commission Minutes January 11, 1993 Page 8 Commissioner Weil moved Butler seconded to Certify Addendum No. 4 to EIR 85-2 by aaopting Resolution No. 3112. Motion carried 4-1. Commissioner St—racker was opposed. Commissioner Weil moved, Butler seconded approved recommendation to the City Council approval of Zone Change 92-002 and Development Agreement 92.-001 by adopting Resolution No. 3113 as submitted. Motion carried 4-1. Commissioner Stracker was opposed. 4. Modification to Conditions of Approval to Allow Time Extensions for Design Review 06-70 and Variance 89-19 Recommendation - It is recommended that the Planning Commission approve a modification to Condition No. 1.1 of Resolution No. 3054 to allow a six-month extension of Design Review 88-70 and Variance 89-19 by adopting Resolution No. 3110, as submitted or revised. Presentation: Becky Stone, Assistant Planner The Public Hearing was opened at 8:40 p.m. The Public Hearing was closed at 8:41 p.m. Commissioner Kasalek asked if the only option for this applicant was to continue this item. The Director affirmed; and stated that the final map was nearing completion. Commissioner Butler moved. Baker seconded to approve a modification to Condition No. 1.1 of Resolution No. 3054 to allow a six-month extension of Design Review 88-70 and Variance 89-19 by adopting Resolution No. 3110 as submitted. Motion carried 5-0. 5. Amendment to Conditional Use Permit 92-031 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MUSIL PERKOWITZ RUTH, 'INC. 911 STUDEBAKER ROAD LONG BEACH, CALIFORNIA 90815 RREEF- IX INC. 1630 SOUTH SUNKIST, SUITE A ANAHEIM, CALIFORNIA 92806 TUSTIN HEIGHTS SHOPPING CENTER 1076-1222 IRVINE BOULEVARD RETAIL COMMERCIAL (C-1) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA•ENVIRONMENTAL QUALITY ACT. (CEQA) . APPROVAL OF AMENDMENTS TO THE RECENTLY APPROVED MASTER SIGN PLAN FOR TUSTIN HEIGHTS SHOPPING CENTER. Recommendation - Pleasure of the•Commission. Presentation: Becky Stone, Assistant Planner Commissioner Butler inquired as to whether Irvine Boulevard would be widened or restriped; and if not widened, it was unnecessary to move the sign back. Planning Commission Minutes January 11, 1993 Page 9 Staff replied that the City Engineer considers that Irvine Blvd. would be widened at this point. The Director stated that future right-of-way is required along the entire frontage to be taken with any building permits; that the monument sign would not trigger it, but the renovation would; that the City Engineer would not be recommending that one of the monument signs be set back from the future project unless there was a potential visibility problem. Commissioner Weil asked if both monument signs would he affected by the widening. Staff replied that future right-of-way needs to be shown along the entire property frontage but only the easterly sign would be affected by visibility and needs to be set back, as per the City Engineer. Commissioner Butler asked if an amendment should be made based on potential Irvine Blvd. widening. The Director stated that the correction should be made to the plan showing the monument sign prior to installation. The Public Hearing was opened at 8:52 p.m. Larry Musil, Musil, Perkowitz, Ruth, Inc., 911 Studebaker, Long Beach, stated that Ralph's has a pre-existing lease stating that the owner is specifically not allowed to do anything with the pole sign without Ralph's consent that Ralph's is willing to allow remodeling of the center, but not at the risk of losing their 60 foot high pylon sign which they deem necessary for business; that the owner is caught between Ralph's agreement and the City's new Sign Ordinance; that the center needs to be remodeled to compete; that new tenants have expressed interest in the pending remodel; that this could become a blighted area, have loss of jobs, and financial hardship for the owner; that they are proposing a com- promise of a 30 foot high pylon sign with two (2) monuments; that they believe that this is a case where the Commission's judgment could turn a potential disaster into a reasonable and positive solution; and requested approval. Commissioner Butler asked if the owner investigated the advantages and disadvantages of a 20 versus 30 foot sign.Mr. Musil gave information regarding their procedure for their decision. Commissioner Kasalek asked if Ralph's was firm on the size of the copy area. Mr. Musil affirmed. r Francine Righter, 1262 Olwyn, stated that she hoped a decision could be made requiring Ralph's to conform to the requirements of the City as other centers must; that she encouraged the Commission not to exempt the center from current regulations; that the 20 foot pole would give the center a modern, tasteful look, and it would be nice if the center could fit,into the surrounding area. -' Robert Hedmond, RREEF Funds, 1630 S. Sunkist, Anaheim, stated that they are not adding square footage or building a new facility; that they realized there was a concern from the City as well as the neighbors and proposed to reduce the sign by half; that it will not be visible from i�2hind the building at night; that they are caught between the Cit";, the homeowners and the tenants; that they would like to move since they have been processing for almost a Planning Commission Minutes January 11, 1993 Page 10 year; that they have several prospective large tenants; that they need three (3) identifications on the sign and even though they feel 37 feet would be ideal, they will compromise at 30 feet. The Public Hearing was closed at 9:01 p.m. Commissioner Weil stated she was in favor of the two (2) monument signs and that findings could be made in support; that she was concerned with the 30 foot height of the pole sign which might be obscured by the trees and would prefer it be lowered to 20 feet; that the City has accommodated the center over the years and that it is time for the center to conform. Commissioner Stracker asked how the 20 foot limit was determined in the Sign Code; and noted that he agreed with Commissioner Weil, but was hesitant to approve the westerly monument sign; that there is an overabundance of signs on Irvine Blvd.; that 30 feet was better than 60, which detracts from the center, but that he prefers 20 feet; that the improvements will help, but would like to see additional landscaping. The Director replied that the maximum 20 foot standard for pole signs was based_ upon comprehensive review of the sign codes in Orange County. While some cities prohibited pole signs, cities that allowed them generally allowed them at a predominant standard of less than 20 feet. Commissioner Butler felt that it was unbelievable that the Commission would not cooperate by understanding that the Commission would be agreeing to a reduction of the pole sign by half; that he did not want to see the center fall into a stalemate; that this center could look blighted like the center at Seventeenth and Tustin; that they are not compromising the neighbors; that the sign is about the height of the building across the street; that the center paid a tax base from when the City was small; that it is unreasonable to not allow this sign; that they have been working on this for a year, may stop the project, and may lose the Ralph's tenant if the city doesn't grant them their request; is also in complete support of staff's recommendation on the monument signs, with the amendment of moving the monuments. Commissioner Baker noted that a sign program for the center was done in September and asked the approved size of the signs. Staff replied that they approved 150 square feet for each major tenant, which would be one large sign upon renovaLion.' Commissioner Baker stated that only one monument sign was necessary and should be kept to w; that some cities do not allow pole signs; that 20 feet is liberal; and asked if the 30 foot sign would be visible behind the center. Staff replied that the proposed building tower element would be 35 feet high. The Director stated that the elevations were preliminary; that they have not received a submittal and must go to the City Council for Redevelopment Agency approval; that they have to assume there will be towers. Commissioner Baker stated he might be willing to compromise if the neighbors would not see the sign from behind. The Director replied that there could be portions along the property line where the sign was visible. Planning Commission Minutes January 11, 1993 Page 11 Commissioner Kasalek stated that she felt that a 60 foot sign belonged along a freeway; that a 30 foot sign would set a precedent; that approval of the monument signs is giving a lot more signage, and is almost overkill; that massive signs are unnecessary for a grocery store; that upgrading the center and new shops will bring in business; that the monument signs will provide good visibility; that the Commission spent a lot of time on the Sign Code deciding the image wanted for the City. Commissioner Butler stated that they had an opportunity for beauti- fication of the center and reduction of the pole sign; that the old sign can stay and the center could get worse; that the new sign has a great design and will add a newer look to the City enhancing business; that they would raise the tax base; that the center is now approximately 50% vacant; that they. could anchor major tenants which will bring smaller tenants; that they are not setting a precedent with this 30 foot sign; that this is a unique piece of property; and that they have a compromise they can work with. Commissioner Kasalek stated that the precedent would be set by the ------ center not conforming to the renovation requirements. The Public Hearing was opened at 9:10 p.m. Larry Musil stated that there was a potential lease with Long's based upon the remodelling; that there is a 50% vacancy and some are not paying rent due to no income; that this will continue to deteriorate without the remodel; and that Ralph's does not care if it is remodeled so long as they can have their 60 foot sign. Commissioner Kasalek asked how the monument signs originated. Mr. Musil replied that they were based on Ralph's suggestion, as they wanted more identification. The Director stated that irregardless of the pole sign issue, the applicant has had master plan approval for other signs and could proceed with the design of renovation plans; that there have been no formal resubmittals of the design review since March, 1992; that there is nothing to prevent the applicant from going through the design review process, going to the City Council and being ready for building permits to accommodate prospective tenants in an expeditious manner. Commissioner Butler asked if the renovation could be accomplished without adjusting the pole sign. The Director replied that the master sign plan was conditioned to remove the pole sign; but that they could be in the approval process for the design review on the facade and site improvements; that if they were serious about the prospective tenants, they could be in the process and trying to concurrently resolve these issues; that the Commission should be aware that staff has not seen a formal application since March 1992. Commissioner Baker noted that in 1982 and 1983 a condition of approval was made requiring conformance of the pole sign. Mr. Hedmond stated that they submitted the renovation plans without realizing that they needed to have the pole sign conform; that it takes money to create the drawings; that they cannot get approval without working out the sign problem; that the sign issue must be resolved; that P:ilph's is doing well and loves their 60 foot sign; and that this -in opportunity for everyone to be equally unhappy. Plann;ng Commission Minutes January 11, 1993 Page 12 The Director replied that the master sign plan only prohibits issuing of building permits for alterations until the pole sign issue is resolved; that they can go through the design review process which takes time; and that there has been no formal resubmittal. Mr. Hedmond replied that there have been informal resubmittals; that they wound like to resolve the sign issue and have expensive working drawings completed; that there is a strong chance that the renovation will not be made if the sign problem is not worked out. The Director replied that the City has been responsive; as evidenced by a recent code amendment to accommodate liquor sales for Long's Drugs at this location. The Public Hearing was closed at 9:30 p.m. Commissioner Weil remembered the conversation in the 1980's requesting the sign conform when the center was renovated; that findings could not be made allowing the compromise; that they allowed larger signs for Ralph's building; that findings could be made for the monument signs; and that there is no justification for a 30 foot sign and no hardship. Commissioner'Stracker stated that he was looking forward to the renovation of the center; that some Ralph's in other cities do not have pole signs; and that he would like to see this go forward, but not at 30 feet. Commissioner Baker approved of 20 feet. Commissioner Kasalek compared this location to a successful store in Irvine; and suggested Ralph's realize that the pole sign is not keeping them in business. The Director provided Resolution No. 3111M for Commission review. Commissioner Stracker suggested only one monument sign at the easterly end of the center. Commissioner Kasalek stated that she would be willing to compromise about the monument sign in order to have the pole sign conform. Commissioner Stracker moved approval of one monument sign and denying a 30 foot pole sign. There was no second. Commissioner Baker moved. Weil seconded denying construction of a 30 feet high sign at Tustin Heights Shopping Center. Motion carried 4-1. Commissioner Butler was opposed. Commissioner Baker moved. Weil seconded to amend Conditional Use Permit 92-031, approving an amendment to a Master Sign Plan by adopting Resolution 3111M with the addition of Condition 1.6 requiring the monument sign located between the existing bank and restaurant to be set back from the future right of way line of Irvine Boulevard, a distance of six feet. Motion carried 4-1. Commissioner Butler was opposed.- A T T A C H M E N T E REPORT TO PLANNING COMMISSION JANUARY 11, 1993 NO 5 �eport to the Of annin Commissiong DATE: JANUARY 111 1993 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT 92-031 APPLICANT: MUSIL PERKOWITZ RUTH, INC. 911 STUDEBAKER ROAD LONG BEACH, CALIFORNIA 90815 LAND OWNER: RREEF- IX INC. 1630 SOUTH SUNKIST, SUITE A ANAHEIM, CALIFORNIA 92806 LOCATION: TUSTIN HEIGHTS SHOPPING CENTER 1076-1222 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL (C-1) DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (CEQA) . REQUEST: APPROVAL OF AMENDMENTS TO THE RECENTLY APPROVED MASTER SIGN PLAN FOR TUSTIN HEIGHTS SHOPPING CENTER. RECOMMENDATION Pleasure of the Commission. BACKGROUND On September 28, 1992, the Planning Commission adopted Resolution No. 3093 (attached), approving Conditional Use Permit 92-031, which authorized a new master sign plan for Center located at 1076-1222 Irvine Boulevard. Condition No . 1.8 of Resolution 3093 required the applicant to bring an existing non- conforming sixty (60) foot high pole sign on the subject site into conformance with the City of Tustin's current Sign Code. In addition, Condition 1.8 prohibited the approval and issuance of any site permits for the Master Sign Plan and permits for structural alterations to the facade of the shopping center unless the following conditions were met: Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 .Page 2 1. The existing non -conforming pole sign is removed; or 2. A Conditional Use Permit for a new pole sign or modification of the existing pole sign is submitted and approved by the Planning Commission which meets the requirements of Tustin City Code Section 9404b2, including that the sign be compatible with the project and not exceed 20 feet in height and 50 square feet in copy area; or 3. A monument center identification sign is installed which meets the requirement of Tustin City Code Section 9408. The Planning Commission also denied a Sign Code Exception to permit modifications to the existing non -conforming pole sign that would have updated the sign's appearance, but would not have conformed to the current standards of the Sign Code. On October 2, 1992, the Community Development Department received an appeal of the Planning Commission's action related to Condition 1.8 of Resolution 3093 and the denial of Sign Code Exception 92-006 from the property owner. The issue was scheduled for the October 19, 1992 City Council meeting, but was continued at the request of the property owner. The City Council had agreed to table the appeal pending the applicants desire to propose an alternative pole sign design to the Planning Commission. The revised proposal includes a new thirty feet high pole sign and two new six foot high monument signs with 75 square feet of copy area, requiring an amendment to Condition 1.8 of Planning Commission Resolution 3093. The September 28, 1992 staff report for the item discussing all other aspects of the approved master sign plan is attached. The existing non -conforming pole sign has been an issue brought before the Planning Commission and City Council in the past. In 1981, the Planning Commission approved improvements to the shopping center including parking lot modifications, sign modifications, new landscaping and new perimeter walls. A condition of approval was imposed requiring that no additional free standing signs .(i.e. pole signs, monument signs) be authorized for the site until the existing non -conforming pole sign was removed. In 1983, the Planning Commission approved a variance for Ralph's to have two wall signs. A condition of approval was included requiring that the existing non -conforming pole sign for center identification be modified to include pole covers and sign cabinets to match the master sign plan that was in effect at the time, remove the existing "Tustin Heights" sign, replace the rectangular "Ralph's" sign at the top of the pole sign with an oval sign, and remove five feet of steel beam from the top of the poles. Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 Page 3 The City Council subsequently appealed the Planning Commission decision and reviewed the issue on May 16, 1983. The minutes of the City Council meeting reflect that two Council members desired that the existing non -conforming pole sign be brought into conformance with the Tustin Sign Code, however, the Planning Commission's approval was upheld by the City Council with no additional conditions. Tustin Heights Shopping Center is located on the south side of Irvine Boulevard near Newport Avenue. It is bounded by Packers Square Shopping Center and Packers Square Condominiums on the south, commercial properties to the west and north and a professional building and single family residential uses to the east. A public hearing notice identifying the time, date and location of the public hearing for this Conditional Use Permit was published in the Tustin News. Property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site, Tustin City Hall and Police Department. The applicant was informed of the availability of a staff report for this item. DISCUSSION The applicant is requesting the Planning Commission to approve amendments to the master sign plan approved by the Planning Commission on September 28, 1992. The amendments requested would be as follows: 1) Remove the existing 6,0 feet high pole sign; 2) Allow the erection of a new 30 feet high pole sign with 160 square feet of copy; and 3) Allow the erection of two 6 feet high monument signs with 75 square feet of copy per side each at project entry ways, and to allow the copy to include more than six square feet of tenant identification. In considering the approval of a Conditional Use Permit for an amendment to the master sign plan, the Planning Commission must determine that the establishment, maintenance or operation of the use will not, under the circumstances of the particular 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 will it be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. --- Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 Page 4 POLE SIGN Tustin City Sign Code Section 9404b2 allows pole signs subject to approval of a conditional use permit and various development criteria, part of which limits the height to 20 feet and sign area to 50 square feet. However, pursuant to Tustin City Code Section 9403h(2)(e), the Planning Commission has the discretion to review under a conditional use permit procedure master sign plans that deviate from the specific standards for permanent business identification. A center which is a single development project of at least 30,000 square feet in building area or one acre in project site area is eligible to apply for a deviation. The Tustin Heights Shopping Center is approximately 113,694 square feet and would be eligible to apply for a conditional use permit. The proposed 30 feet high pole sign.would replace the existing 60 feet high pole sign. The pole sign would be located at the major entrance to the shopping center at the traffic light. The pole sign would be located in the same landscape planter as the existing pole sign, perpendicular to the street. The architectural features of the pole sign would be harmonious with the design of the proposed future facade improvements for the shopping center envisioned by the applicant discussed here. The pole sign would be metal with sand finish texture coating to simulate smooth stucco. The body color of the sign would be white, consistent with the colors for the proposed facade renovation, with tan poles and darker tan highlights. The shopping center identification would be at the top of the sign and would not be illuminated. The pole sign would also contain three major tenant signs which would be 50 square feet each and would consist of illuminated cut out letters on opaque panels. The total copy area for the proposed sign would be 160 square feet. The body area of the sign, where the copy would be located, would be about 11 feet from the ground. As proposed, the new pole sign would be 10 feet higher than the maximum height permitted by the Sign Code of 20 feet and 110 square feet larger than the maximum copy area permitted by the Code of 50 square feet in area. The top of the new pole sign would be five feet lower than the proposed maximum height of the shopping center after proposed renovations have occurred, and would not be visible at the rear of the shopping center as is the case with the present pole sign. Staff has concerns that the proposed pole sign may not provide adequate visibility for patrons. Since Irvine Boulevard curves at the subject location, the pole sign would not be visible for a patron in a vehicle coming from the east or west on Irvine Boulevard until the patron was in close range. Since the body of the sign would be about eleven feet from the ground, requiring a Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 Page 5 patron to look up to see the sign, it is possible that the pole sign, in its proposed location and at the height proposed by the applicant, would not even be seen from close range. The combined height of the pole sign body and the concealment of the pole sign caused by existing tree foliage may cause patrons to overlook the sign altogether. The natural tendency of a driver is to look below the tree foliage and focus on the buildings and building signs, not the pole sign. An alternative to this problem may be to reduce the height of the pole sign to twenty feet, as permitted by the Sign Code, and to reduce the sign area proportionately, thus bringing the sign into closer conformance with the Sign Code. Reducing the sign proportionately would bring the body of the sign down to about 7.5 feet from grade. Lowering the height of the body of the pole sign would bring it below the level of the tree foliage, also removing the issue of concealment and the need to trim the trees for sign visibility. Should the sign be reduced proportionately with the height of the sign, the approximate width of the sign would be eleven feet instead of sixteen feet, and the sign copy area would be about 107 square feet, down from 160 square feet. Reducing the pole sign proportionately to bring the height of the pole sign into conformance with the Sign Code would provide an attractive, visible pole sign that would benefit the patrons who use the shopping center. The amended master sign plan would create cohesive signage for the center, and would benefit the welfare of the residents of the City. MONUMENT SIGNS According to Sign Code Section 9408A, a shopping center may have one center identification monument sign per street frontage. According to Section 9408E, tenant directory information may be included on the center identification sign provided it does not exceed a maximum of six square feet per tenant and a total copy area of 75 square feet. The applicant is requesting two monument signs with 75 square feet of copy which would consist of both center identification and tenant identification on each site. A deviation from both City Code Sections 9408A' and E would be required pursuant to Tustin City Code 9403h(2)(e). The request as is the case with the pole sign modifications, is subject to the discretion of the Planning Commission through a conditional use permit request. -- Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 Page 6 a The monument signs proposed by the applicant would be placed at two secondary entrances to the shopping center. One is proposed for the west entrance, closest to Newport Avenue, and one is proposed for the entrance between the existing restaurant and existing bank pad locations (see attached plans). The monument signs would be six feet in height, and approximately 20 feet in width and would contain 75 square feet of copy area as. permitted for center identification signs pursuant to Sign Code Section 9408A. The applicant desires to state the name of the center on both signs, and to include one Ralph's major tenant identification sign on each monument. The tenant identification would be greater than six square feet as permitted by Code Section 9408E. The proposed architectural features of the proposed monument signs would be compatible with the proposed pole sign and the proposed facade renovation for Tustin Heights Shopping Center. The finish would be sand finish texture coating with a precast concrete cap and key at the top of the monument sign. The colors called out are white, tan and darker tan and are consistent with the pole sign colors and the proposed facade colors. The shopping center has four entrances. Only the primary entrance currently has business identification. The new pole sign is proposed for the major entrance, but the other three entrances have no business identification signs. One monument sign for center identification may be permitted by the Sign Code, however, the applicant is proposing two monument signs. Since Irvine Boulevard is curved where it abuts the subject shopping center, and since the property abutting the street is approximately 11080 feet long, it is possible that it would be helpful to have at least two access points having center identification to clearly identify the center for customers. Therefore, the request for two monument signs may be warranted particularly if the applicant reduces the height of the requested pole sign. Many patrons of the shopping center recognize the center as Ralph's Center, so it may not be inconsistent to place Ralph's identification of the monument sign in prominence with the true center identification provided the applicant is willing to preclude installation of other tenant signs on the monument signs in the future. This will have the effect of reducing sign clutter and will improve readability of signs. Planning Commission Report Amendment to Conditional Use Permit 92-031 January 11, 1993 Page 7 CONCLUSION Based upon the preceding discussion, several options are available to the Planning Commission at this time: 1. Approve the request as submitted or revised; 2. Deny the request; 3. Provide further direction to the applicant and continue the item. Resolutions supporting any desired action of the Commission will be available at the Planning Commission meeting on January 11, 1993. Becky Stone Christine Shingleto Assistant Planner Assistant City Manager Attachments: Elevations Attachment A - Resolution No. 3093 Attachment B - September 28, 1992 staff report RESOLUTION NO. 3093 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 3 OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-031 ESTABLISHING A MASTER SIGN PLAN AT 4 TUSTIN HEIGHTS SHOPPING CENTER LOCATED AT 1076- 1222 IRVINE BOULEVARD. 5 The Planning Commission of the City of Tustin does hereby G resolve as follows: I. The Planning Commission finds and deter-mines as follows: 8 A. A proper application for Conditional Use Permit 92- 031 was filed by Musil Perko::itz Ruth, Inc. 9 requesting approval of a Master Sign Plan for the Tustin Heights Shopping Center. 10 B. A public hearing was duly noticed, called, and held 11 on said application on September 28, 1992. Jf 12 C. Pursuant to. Section 9291 of the Tustin City Code, the Commission finds that the proposed Master Sign 13 Plan for the Tustin *Heights Shorping Center will not be detrimental to the health, safety, morals, 14: comfort or general welfare of persons residing or working in the general area nor will it be 15 injurious or detrimental to the property or general welfare of the City of Tustin as evidenced by the lei ) following: 17 1. The Master Sign Plan will provide for signs that are compatible with, anc complimentary to the proposed architectural design and zsI treatments of the Tustin -eights Shopping 1,91 Center. 20 2. The goals and objectives :)f the proposed Master Sign Plan, and the locations, 11 proportions, areas, and sty_:ng of sign types 21 are not injurious or de =r _mental to the 2211weifare of the City or its residents. 23�+ 3. The Master Sign Plan would=_iz^inate a second wall sign at Ralph's there__. increasing the 241conformity of the signs at shopping center l) with the Sign Code. 2`' D. This project has been ae ==r rained to be 26 Categorically Exempt ( Class 11) r,-*rsuant to Section 15311 of the California Environmental Quality Act. 27 28 i ATTACHMENT A I� 2 3 4 5 G i 8 9 10 11 12 13 14 15 1C� li 18 ')0 r . l i) 3 1 24. 95 2G 27 28 i I i 11 Resolution No. 3093 Page 2 II. The Planning Commission hereby approves Conditional Use Permit 92-031 establishing a Master Sign Plan for the Tustin Heights Shopping Center subject to conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 28th day of Sept er, 1 2. i AL L. BAKER Chairman e'THLEEN CLANCY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3093 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of September, 1992. KrI'HLEEN CLANCY Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 92-031 CONDITIONS OF APPROVAL RESOLUTION NO. 3093 GENERAL (1) 1.1 All signs for Tustin Heights Shopping Center shall substantially conform with the Master Sign Plan date stamped September 23, 1992, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. Minor modifications at working drawings submittal may be submitted for review and approval by the Director of Community Development if found to be in substantial conformance with the Master Sign Plan. (1) 1.2 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of sign or.building permits (1) 1.3 All signs shall comply with the applicable provisions of the Uniform Building Code and the National Electrical Code as adopted by the City (including UL approvals). (1) 1.4 Permits shall be required for all signs as necessary. (1) 1.5 Construction level plans, including any required structural calculations, for all project signs shall be submitted, reviewed and approved by the Community Development Department prior to issuance of sign permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDLINES (2) CEQA MITIGATION (7) PC/CC POLICY (3) UNIFORM BUILDING CODE/S (8) MUNICIPAL CODE (4) DESIGN REVIEW *** EXCEPTION Resolution No. 3093 Exhibit A Page 2 (8) 1.6 All signs in the Center shall conform with the master sign plan upon the completion date of the proposed facade remodel, or by December 31, 1993, whichever dates occurs first. (5) 1.7 Variance 83-4 is superseded by CUP 92-031. Applicant shall remove the note from General Notes B.5 regarding the existing market being allowed two 75 square feet signs as per Variance 83-4 and submit a revised master sign plan document prior to issuance of any sign permits. (5) 1.8 Approval of Conditional Use Permit 92-031 for the Master Sign Plan for Tustin Heights Shopping Center is contingent upon the requirement that the existing non -conforming sixty (60) foot pole sign on the subject site be brought into conformance with the City of Tustin's current Sign Code. No sign permits consistent with ,the new Master Sign Plan for the shopping center nor structural alterations to the facade of the shopping center shall be approved prior to one of the following conditions being met: a. The existing, non -conforming pole sign is removed; 'or b. A Conditional Use Permit for a new pole sign or modification of the existing pole sign is submitted and approved by the Planning Co -..mission, authorizing a pole sign which meets all requirements of Tustin Sign Code Se=tion 9404b2 including that the sign be ce-patible with the project and not exceed t,:ent%• (20) feet in height and fifty (50) sc-_=re feet in copy area (encompasses the ex: ene units of copy with any frame or trim fc=-:ing an integral part of the display such as sign cabinet); or C. A mcnument center identificat..ion sign is installed which meets the requirement of Tu-stin Sign Code Section 9408. FEES (1) 2.1 All applicable plan check, sign and building permit fees s.-.11 be paid to the Community Development Department prior to issuance of any sign permits.