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HomeMy WebLinkAboutPH 2 VARIANCE 90-2 04-02-90AGENDA4 -90 DATE: APRIL 21 1990 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF VARIANCE 90-2 RECOMMENDATION { t BLIC HEARING NO. 2 '4-2=10 Inter - Com It is recommended that the City Council deny the appeal of Variance 90-2 by adoption of Resolution No. 90-43. BACKGROUND AND DISCUSSION At the March 5, 1990 City Council Meeting, Councilman Prescott requested that the Planning Commission action to deny Variance 90- 2 be placed on the agenda. Variance 90-2 was requested to allow a 25 square foot secondary accessory sign which would read "Garden Center". The Sign was proposed to be located on the front elevation of the garden center portion of the Allways Space retail establishment at 1212 Irvine Boulevard in the Tustin Heights shopping center. At the February 26, 1990 Commission meeting it was determined that special consideration had not been granted to other businesses in the immediate vicinity and that the state required findings for Variance 90-2 could not be made. The Planning Commission subsequently -adopted Resolution No. 2755 denying Variance 90-2 (Attachment A). No appeal has been made by the applicant or property owners on this action. On February 12, 1990 the Planning Commission approved a Use Determination which permitted accessory outdoor garden and nursery uses in the C-1 (Retail Commercial) District when accessory to a primary use and subject to approval of a Conditional Use Permit. The Commission also approved Conditional Use Permit 89-48 authorizing the establishment of an accessory outdoor garden nursery sales at 1212 Irvine Boulevard. ANALYSIS Section 94.94.6 of the City of Tustin Sign Code permits one 75 square foot principal sign on the primary elevation of tenant space in a commercial shopping center. The sign code also allows 25 City Council Report Appeal of Variance 90-2 April 2, 1990 Page 2 square foot signs on side and rear walls facing a street or parking lot. These signs are limited to the primary business name as specified on the City's business license for the establishment. In this particular case, the garden center portion of the Allways Space establishment is not the primary business and is not, as indicated from the applicant, highlighted in the advertisement for the business, but in fact utilized as an additional tool to draw customers to the Allways Space business. The Allways Space business has an existing 73 square foot sign on the front elevation facing Irvine Boulevard and also an illuminated sign on the existing pole sign directly adjacent to Irvine Boulevard. Staff has interpreted that a six (6) square foot sign could be placed above the entry facade for the garden center for directional purposes pursuant to Section 94826 (4) of the Sign Code which allows directional signs limited to one (1) sign per structural entrance. This action would not require a public hearing. In an effort to address the similar approvals of signs in the immediate area, staff reviewed the following locations where secondary signs were present: The Courtyard - Sav-on drug was required to comply with the provisions of the sign code for their garden center. ° LaFayette Plaza - Variance approved which allowed the primary signage to be split between "Digital Ear" and Audio, Video, Compact Disc" due to architectural limitations. Lincoln Savings - all teller signs comply with the sign code for directional signage. ° Lucky Market - "Deli and Liquor" signs comply with the sign code for directional signage. ° Thrifty Drugs - "Liquor" sign complies with the sign code for directional signage. All of aforementioned establishments have individual departments within their businesses which make them accessory to the established primary use. However some of the departments are of enough significance to warrant signage for directional purposes. All of above mentioned businesses have complied with the Sign Code for accessory signs. In order for the Planning Commission to have Community Development Department City Council Report Appeal of Variance 90-2 April 2, 1990 Page 3 approved the sign variance the following findings with facts supporting each finding would have had to been made: A. That there are unusual and/or special circumstances applicable to the shape, size, configuration, location or topography of the property which justify the Variance. B. That the Variance does not grant special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. C. The variance will not have a detrimental impact on adiacent properties or subject properties. D. The variance is consistent with the provisions of the General Plan. The Planning Commission did not approve the Variance due to an inability to make the findings pursuant to State Law (Article 3, Section 65906, Government Code). The Planning Commission found that no special circumstances existed which would justify a 25 square foot sign; the use is accessory to the primary Allways Space use and exceptional signage other than for directional purposes was not warranted. The Commission also determined that the variance, if approved, would grant special privileges not granted to other establishments in the immediate vicinity such as Sav-on Drugs, Thrifty Drugs, and other businesses who had complied with the Sign Code for accessory directional signs. CONCLUSION The Planning Commission reviewed the issues associated with the Variance and determined that the finding could not be made. No appeal has been made by the applicant or other property owners on Community Development Department City Council Report Appeal of Variance 90-2 April 2, 1990 Page 4 this action. Therefore, staff recommends that the City Council deny the appeal of Variance 90-2. Christopher E Jackson Christine A. Shin eton Associate Planner Director of Community Development CEJ:CAS:kbc Attachments: Attachment A - City Council Resolution No. 90-43 Attachment B - February 12, 1990 PC sta f f report and minutes Attachment C - February 26, 1990 PC staff report and minutes Community Development Department 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 ATTACHMENT A" RESOLUTION NO. 90-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL OF VARIANCE 90-21 A PROPOSAL TO INSTALL A 25 SQUARE FOOT ACCESSORY SIGN AT 1212 IRVINE BOULEVARD The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That an appeal of the Planning Commission's denial of Variance 90-2 has been reviewed by the City Council of the City of Tustin for an application by Allways Space, in order to install a 25 square foot secondary sign on property located at 1212 Irvine Boulevard. The property is further described as Assessor's Parcel No. 500-102-12. B. That a public hearing by the Planning Commission was duly called, noticed and held on said application on February 26, 1990 resulting in denial of the subject application and that a public hearing by the City Council for the appeal of said denial was duly called, noticed and held on said appeal on April 2, 1990. C. That the City Council has reviewed the requested Variance and has determined the following: A. That there are no unusual and/or special circumstances applicable to the shape, size, configuration, location or topography of the Property which justify the Variance as specified in Planning Commission Resolution No. 2755. B. That the Variance does grant special privileaes inconsistent with the limitations upon other properties in the vicinitv and zone in which such property is situated as specified in Planning Commission Resolution No. 2755. C. The variance will have a detrimental imbact on adjacent properties or subject properties as specified in Planning Commission Resolution No. 2755. D. The variance is not consistent with the provisions of the General Plan as specified in Planning Commission Resolution No. 2755. 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 No. 90-43 April 2, 1990 Page 2 II. The City Council hereby denies the appeal of Variance 90- 2, a proposal to install a 25 square foot accessory secondary sign at 1212 Irvine Boulevard. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of April, 1990. MARY WYNN City Clerk RICHARD EDGAR Mayor Report to the�� Planning Commission DATE: FEBRUARY 26, 1990 SUBJECT: VARIANCE 90-2 APPLICANT: ALLWAYS-SPACE C/O BUILDERS EMPORIUM 1833 ALTON AVENUE IRVINE, CALIFORNIA 92714 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION 1212 IRVINE BOULEVARD RETAIL COMMERCIAL (C-1) ATTACHMENT "B" ITEM #4 THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF SECTION 15305(A) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST FOR A VARIANCE TO INSTALL A 2 5 SQUARE FOOT SECONDARY SIGN It is recommended that the Planning commission deny Variance 90-2 by the adoption of Resolution No. 2755(D) as submitted or revised. BACKGROUND AND DISCUSSION On February 12, 1990 the Planning Commission approved Conditional Use Permit 89-48 authorizing the establishment of an accessory outdoor garden and nursery sales at 1212 Irvine Boulevard and continued Variance 90-21 a request to install a 25 square foot secondary sign to its February 26, 1990 meeting. The Commission's primary concerns at their meeting on February 12th were what signage actually existed for the "Allways Space" establishment and whether other businesses in the vicinity had been granted special privileges because of distance and distinct types of business. A number of Commissioners also specifically mentioned previous -variance approvals at the Courtyard and Lafayette Plaza. these primary concerns, staff have reviewed City Community Development Department Planning Commission Report Variance 90-2 February 26, 1990 Page 2 files and field conditions in the vicinity of project which revealed the following information: 1. Signage approved for both the Courtyard and LaFayette project did not deal with the issue of signage exclusively for a defined accessory use. 2. The Courtyard variances provided for an additional center monument sign and a larger primary business sign for Sav-on Drugs, both due to visibility issues on certain boundary streets given that the project was also on a parcel with three street frontages and free-standing uses on the site obstructed visibility. However, Sav-on Drug Store did comply with the provisions of the code for its accessory outdoor garden center by providing a six square foot sign. 3. The LaFayette Plaza variance for Digital Ear sought to break- up the maximum allowable primary use signage because of limitations due to the architecture of the building. The primary signage was split between "Digital Ear" and "Audio Video, Compact Disk" which complied with the intent of the Sign Code and maximum signage and therefore, the appropriate findings could be made for granting the variance. 4. None of the above mentioned approved variances have established a precedent for allowing accessory signage to be increased due to visibility issues. Rather, they have emphasized that there is justification for variances for primary signage given certain situations applicable to each project which was found to be consistent with the required state f indings for a Variance. It was also brought -up that certain accessory use signs like Thrifty's "liquor" could be afforded an opportunity to be increased, should this variance be approved and would argue a property right granted to others and perhaps denied to them. Roger Christman, representing Allways Space also commented on several businesses that had already had more than one sign granted in the immediate area of the approved garden center at the meeting on February 12th. Staff have reviewed each of these cases as follows: 1. Ralphs, which is in the Tustin Heights Shopping has two signs for the primary business; 2. Lincoln Saving, which has teller signs which complies with the sign code for directional purposes; Community Development Department Planning Commission Report Variance 90-2 February 26, 1990 Page 3 3. The Tustin Bowling Alley, which does have two signs for the primary business; and 4. Lucky Market, which does have signs which indicate "Deli and Liquor" which individually complies with the Sign Code for directional signage. In all cases, the signage in question dealt with either a secondary primary sign, or an accessory sign which complied with the Sign Code. The issue of this variance is not permitting a secondary sign, because the Sign Code allows directional signage. Rather, the issue is allowing an accessory sign to be increased beyond what is allowed by the Sign Code. The Commission also raised an issue regarding whether the existing sign could be modified to read "Always Space and Garden". The existing wall sign for "Allways Space" is presently 73 square feet. Therefore, in order to comply with the Sign Code, which allows a maximum 75 square feet primary sign, modification to the sign would be necessary. Allways Space also has an existing sign in the shopping center identification sign directly off Irvine Boulevard which could be replaced to add "the garden center" for direct visual purposes off Irvine Boulevard. Staff would note that signage for the garden areas would be only allowed for directional purposes and not to identify a separate business. In fact the use interpretation made by the Commission on February 12th was that the outdoor garden center was allowed only as accessory to an outright permitted use and that the existing Allways Space establishment and the proposed use would need to be under one business license. Therefore, the issue the Commission may want to address is whether accessory businesses should be afforded opportunities which are specifically reserved for primary businesses. As outlined in the original report (Exhibit D), by state law the Planning Commission must make following findings must to approve the Variance: A. That there are unusual andlor special circumstances applicable to the shape, size, configuration, location or topography of the property which justify the Variance. B. That the Variance does not grant special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is Community Development Department Planning Commission Report Variance 90-2 February 26, 1990 Page 4 situated. C. The variance will not have a detrimental impact on adjacent properties or subject properties. D. The variance is consistent with the provisions of the General Plan. Staff still maintains its recommendation to deny the Variance as discussed in the February 12, 1990 report. We do not believe that based on review of the facts that approval of the variance is warranted. However, if the Commission can make the required findings, appropriate conditions of approval and resolutions have been provided pursuant to your direction. CONCLUSION The Variance, if approved, would set forth a potentially dangerous precedent which could allow accessory uses to have signage afforded to primary uses. Therefore, it is recommended that the Planning Commission deny Variance 90-2 by the adoption of Resolution No. 2755(D) as submitted or revised. Christopher E Jac on S� Christine Shing eton Associate Planner Director of Communi Development CEJ:pef Attachments: Resolution Resolution Site Plan Community No. 2755(d) No. 2755(a) and Elevations Development Department 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 NO. 2755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, DENYING VARIANCE 90-21 A PROPOSAL TO INSTALL A 25 SQUARE FOOT ACCESSORY SIGN AT 1212 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Variance 90-2) has been filed by Allways Space, to install a 25 square foot secondary sign on property located at 1212 Irvine Boulevard. The property is further described as Assessor's Parcel No. 500-102-12. B. That a public hearing was duly called, noticed and held on said application on February 12, 1990 and continued to February 26, 1990. C. That the Planning Commission has reviewed the requested Variance and has determined the following: A. That there are no unusual and/or special circumstances applicable to the shape, size, configuration, location or topography of the property which Justify the Variance. No special circumstances exist which would justify a 25 square foot sign as the proposed use is accessory to the primary use (Allways Space) and therefore exceptional signage other than for directional purposes is not warranted. B. That the Variance does grant special privileges inconsistent with the limitations upon other properties in the vicinitv and zone in which such property is situated. The variance would grant special privileges whereas other properties such as Sav-on Drugs which has a six square foot sign for its Garden Center and Thrifty Drugs which has a six square foot sign for its liquor division, all of which are in the immediate area 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 No. 2755 February 26, 1990 Page 2 and have not been allowed to have independent sign for their accessory uses, except as permitted by the Code. C. The variance will have a detrimental impact on adjacent properties or subject properties. The variance will have a detrimental impact on adjacent properties as the need for signage is always a paramount issue with business owners therefore businesses owners with accessory uses will be afforded an opportunity to seek variances for oversized signage, given the use. D. The variance is not consistent with the provisions of the General Plan. The variance would afford accessory uses the same opportunities granted by primary uses thereby promoting unbalanced commercial development distribution of signage, which would negatively affect the surrounding residential area, which is specifically discouraged in the Tustin General Plan. II. The Planning Commission hereby denies Variance 90-2, a proposal to install a 25 square foot accessory secondary sign at 1212 Irvine Boulevard. The property is further described as Assessor's Parcel No. 500-102-12. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of February, 1990. PENNI FOLEY Secretary DONALD LE Chairman STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the day of - jCka-rtj 1990. NNI FOLEY Recording Secretary 0 991,099 I CALL-WAYS SPACE GAS•) TI ,I IN T Planning Commission Minutes February 26, 1990 Page 3 LEGAL DESCRIPTION: ASSESSOR'S PARCEL NO. 402-371-1-3 AND MORE SPECIFICALLY AS LOT 1, 2 AND 3 OF THE NEWPORT AVENUE TRACT, A PORTION OF LOT 15 IN BLOCK D OF BALLARD'S ADD; AS SHOWN ON MISCELLANEOUS MAPS AND RECORDS IN THE OFFICE OF THE COUNTY RECORDER. ZONING: PC - COMMERCIAL - PLANNED COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT (CLASS 11) REQUEST: AUTHORIZATION TO INSTALL A 24 FOOT HIGH 72 SQUARE FOOT ALUMINUM CABINET BUSINESS IDENTIFICATION POLE SIGN. RECOMMENDATION - It is recommended that the Planning Commission continue Conditional Use Permit 90-1 to the March 12, 1990 Planning -Commission meeting, to allow staff an opportunity to review information to be submitted by applicant. Presentation: Beth Schoemann, Associate Planner Commissioner Shaheen moved, Baker seconded to continue Use Permit 90-1 to the March 12, 1990 Planning Commission meeting. Motion 16 carried 4-0. 4. Variance 90-2 APPLICANT: ALLWAYS-SPACE C/O BUILDERS EMPORIUM 1833 ALTON AVENUE IRVINE, CALIFORNIA 92714 LOCATION*' 1212 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF SECTION 15305(A) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR A VARIANCE TO INSTALL A 25 SQUARE FOOT SECONDARY SIGN RECOMMENDATION - It is recommended that the Planning Commission deny Variance 90-2 by the adoption of Resolution No. 2755(d) as submitted or revised. Presentation: Christopher E. Jackson, Associate Planner Commissioner Shaheen asked how long the overall buildings were, and how far apart they were. .Planning Commission Minutes February 26, 1990 Page 4 Staff replied that the garden center was approximately 70 feet long and the space center was about 105 feet long. Commissioner Baker asked if the deli/liquor signs at Lucky Market were 6 or 12 feet. Staff replied that the deli sign was 6 feet and the liquor sign was also 6 feet; and that a store could identify other individual uses with separate 6 foot signs. Commissioner Kasparian asked if stores could then have any number of six foot signs as long as they were for separate uses. The Director replied that they could not use the signage for advertising, only for direction towards a function. Commissioner Shaheen felt that the garden center did not relate to the space saving items; and asked how much of the business would relate to the garden center. Staff replied that it does relate to the space saving items in that the horticulture products could be utilized as decorator items when reorganizing; and that approximately 41 % of the floor area of the building would be devoted to the garden center. The Director noted that a use determination was done, and as long as it is an acceptable accessory use, they would .be allowed a six foot sign. The Public Hearing_.was opened at 7:33 p.m. Roger Kristman, architect for the project, noted that in their opinion: 1) relative to the amount of frontage, the size is reasonable; 2) 41 % of the area is devoted to the garden shop; 3) it is important to the identity in the amount requested; and it is a unique request because of the difference between the two parts of the store. Commissioner Kasparian asked what signifies what entity is advertising when they advertise"in the newspaper. Mr. Kristman replied that the entity advertising was Allways Space, and that they would also note something like "come and see our garden shop." t � 1 Planning February Page 5 V Commission Minutes 26, 1990 Don Brewer; representing Refunds, noted that they supported this effort with Builder's Emporium in converting the building for Allways Space; the sales figure could represent up to 20-25% of the overall volume. The Public Hearing was closed at 7:38 p.m. Commissioner Kasparian noted that his position was the same as at the last meeting; and that as a consumer, he did not drive around looking for a "garden shop" sign, but refers to advertising first; and that a six foot sign would direct him to where the garden center was once he found the shop he wanted; and that the 25 foot sign was not warranted based on the code as.it is. Commissioner Le Jeune noted that, upon looking at the structure, there is plenty of reminders to notify the, customers that there 'is a garden center; and that the applicant should have added the garden center information on the two large visible signs. Commissioner Baker asked if it would be possible for the applicant to re -do the signs to add "garden center". Staff replied that they could change the sign to include "garden center"; that they have optimum visibility with the pole sign; that the 1983 Planning Commission wanted the sign updated; and that the faces could be replaced. Commissioner Le Jeune moved, Kasparian seconded to deny variance 90-2 by the adoption of Resolution No. 2755(d) as submitted. Motion carried 4-0. Commissioner Le Jeune included in the record a letter from Mr. and Mrs. Righter who spoke last week regarding the lighting, paging and signage of the store. He also noted that the fence at the back of the building was in bad repair; some goods were stacked above the fencing, thereby eliminating the screening; that there appears to be new barbed wire fencing making it look like a penitentiary; that the lights might still be a problem due to reflection; and that there are speaker boxes in the area of the garden center. Staff noted that the applicant submitted a paging and noise diagram to the City; and that the City will inspect the area for violations. `.report to the Planning DATE: SUBJECT: Commission FEBRUARY 12, 1990 ATTACHMENT "C" Item No. 3. USE DETERMINATION 90-1, CONDITIONAL USE PERMIT 89- 48 AND VARIANCE 90-2 APPLICANT: ALLWAYS—SPACE C/O BUILDERS EMPORIUM 1833 ALTON AVENUE IRVINE, CALIFORNIA 92714 LOCATION: 1212 IRVINE BOULEVARD ZONING: - RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF SECTION 15305(A) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO DETERMINE IF "ACCESSORY OUTDOOR GARDEN AND NURSERY USES" ARE CONDITIONALLY PERMITTED IN THE C-1 DISTRICT; TO AUTHORIZE AN OUTDOOR GARDEN AND NURSERY SALES AREA AND INSTALLATION OF A 25 SQUARE FOOT SECONDARY SIGN RECOMMENDATION It is recommended that the Planning commission take the following actions: 1. By minute motion determine that "Accessory Outdoor Garden and Nursery Sales and Storage" be considered a permitted use in the C-1 District subject to approval of a Conditional Use Permit; and 2. Approve Conditional Use Permit 89-48 and deny Variance 90-2 by the adoption of Resolution No. 2751 as submitted or revised. . BACKGROUND The applicant is requesting the Planning commission to determine if "accessory Outdoor Garden Nursery uses" is a permitted use in the C-1 District. The District allows the Planning Commission to Community Development Department Planning Commission Report UD90-1/CUP89-48/V90-2 February 12, 1990 Page 2 make a determination regarding uses which. are not listed and similar to those permitted in the C-1 (Retail Commercial) District. Should the Planning Commission take a positive action on this use determination, the applicant has also requested approval of Conditional Use Permit to establish an accessory outdoor garden and nursery use at 1212 Irvine Boulevard in the Tustin Heights Shopping center.... A, variance is also 'requested related to -secondary' signs for the garden center. Builders Emporium was in operation at the subject location until August of 1989. Their operations included an outdoor garden and nursery center which was accessory to the primary retail home improvement/hardware operation. Due to an increasing demand for certain portions of their business it was decided to create individual subsidiary businesses to operate at specified locations throughout southern California. Allways Space, a space saving retail enterprise, was the first such operation of its kind. Builders Emporium proposes to have the Garden Center serve as an Allways Space auxiliary business since it provided substantial subsidies to the original Builders Emporium establishment. According to available records, the outdoor sale and bulk storage area for Builder's Emporium was approved as early as June of 1979 which was contrary to the Tustin Zoning Ordinance. Outdoor sale or storage uses are not specifically listed in the C-1 (Retail Commercial) District and therefore the applicant seeks a use determination for the project. A public hearing notice identifying the time, date and location of the public hearing on this matter was published in the Tustin News. Property owners within 300 feet of the site were also noticed by mail. The applicant has been forwarded a copy of this report. ANALYSIS Use Determination Accessory Outdoor Garden and Nursery uses are not specifically listed in the C-1 (Retail Commercial) District as permitted uses. The Commission has the authority to determine if specific uses are similar and under which type of permitted use they will be classified (i.e. outright permitted or conditionally permitted). The proposed determination would establish Outdoor Garden and Nursery uses as accessory to outright permitted uses: Therefore, only in conditions whereby an existing "outright permitted use,, is established would an accessory Outdoor Garden and Nursery be able to be considered. The best example of this would be a drug store Community Development Department Planning Commission Report UD90-1/CUP89-48/V90-2 February 12, 1990 Page 3 (i.e. Sav-on Drugs) which has a nursery as part of its operation. The intent of the C-1 (Retail Commercial) District was to service individual adjacent neighborhoods. This is why many of the C-1 Districts are grouped around large residential areas. Additionally, unlike the other commercial districts, it does not cross reference other more intense commercial districts, thereby maintaining its neighborhood characteristics. By providing accessory Outdoor Garden and Nursery uses as a conditionally permitted use in the C-1 District, an appropriate review can be made of the use which would insure that it would be in compliance with the intent of the C-1 District, and if necessary can be conditioned to further define its accessory nature and condition that it remain so. It is staff's opinion that accessory Outdoor Garden and Nursery uses are similar to those uses in the C-1 (Retail Commercial) District and should be permitted subject to approval of a Conditional Use Permit. Use Permit The applicant wishes to establish an outdoor accessory Nursery and Garden Center which will occupy the same location of the previous Garden Center which was accessory to Builder's Emporium. The operational hours of the Garden Center will be the same as the existing Allways Space establishment. The present hours of operation for Allways Space are 9:00 a.m. to 9:00 p.m. Monday through Friday, 9:00 a.m. to 6:00 p.m. Saturday, and 11:00 a.m. to 6:00 p.m. on Sunday. These hours correspond with existing business hours in the center. The Garden Center proposes to house a mixture of shade and sun plants, bag goods (i.e., fertilizer, plant soil, etc.) and pottery. There will be partial outdoor sale of goods. The check stand is in the covered portion of the outdoor area. The existing outdoor check stand will be removed as a result of these improvements. Primary exiting will occur on the east side of the outdoor area and primary entrance will occur through Allways Space and through the new secondary entrance. A condition of approval has been included which would require a loading zone area to be designated outside of the east exits in order to reserve an area for loading large plants and bag items. Required parking for the area was established when the Builder's Emporium portion of the center was originally constructed. No additional square footage is proposed with this application. Since the outdoor Garden Center was originally established with Builder's Emporium and no negative responses were identified with Community Development Department Planning Commission Report UD90-1/CUP89-48/V90-2 February 12, 1990 Page 4 that business, staff is confident that the Outdoor Garden Center is appropriate at this location. The applicant proposes to modify the existing structure by providing the following: 1) new wrought iron fencing to replace an existing grill fence along the north elevation; 2) install new redwood slats in the existing fence on the east elevation; and 3) create a new free-standing Garden Center entry facade element. In addition to the aforementioned improvements, the applicant proposes to add a 25 square foot sign on the entry facade which would read "The Garden Center". This sign is not allowed per the adopted Sign Code in that tenants in Commercial Shopping centers are allowed one wall sign .per frontage with the primary principal business sign being allotted 75 square feet and side and rear signage, 25 square feet. Therefore, the applicant seeks a Variance from the provisions of the Code in order to construct a 25 square foot secondary sign. Staff has no concerns with the proposed improvements, with the exception of theproposed sign. The improvements are consistent with the existing development and residential properties to the east are buffered from the development with an existing 618" block wall and a row of 15 foot high Cypress Trees. Variance Secondary signage on the front elevation is not permitted by the Sign Code unless a Variance is granted. There are, however, provisions of the Sign Code which allow directional signage up to six square feet. Since the primary function of the proposed signage would be to provide direction to potential customers it could be concluded that a secondary sign could be allowed under this category. Therefore, the applicant could be granted a maximum six square foot sign to direct customers to the establishment. These provisions have been utilized by Sav-on Drug for their Garden Center sign and Thrifty Drugs for their Liquor division sign. Additionally, the existing Allways Space identification sign can be modified to include the Garden Center (i.e., Allways Space and Garden Center).. Both of these provisions have been reviewed with the applicant. However, the applicant wishes to pursue the variance approval to construct a 25 square foot sign for the accessory business. In order for the Planning Commission to approve the Variance, the following.findings must be made: Community Development Department Planning Commission Report UD90-1/CUP89-48/V90-2 February 12, 1990 Page 5 A. That there are unusual and/or special circumstances applicable to the shape, size, configuration, location or topography of the property which justify the Variance. No special circumstances exist which would justify a second 25 square foot sign as the proposed use is accessory to the primary use (Allways Space) and therefore exceptional signage other than for directional purposes is not warranted. B. That the Variance does not grant special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. The variance would grant special privileges whereas other properties such as Sav-on Drugs which has a six square foot sign for its Garden Center and Thrifty Drugs which has a six square foot sign for its liquor division, all of which are in the immediate area and have not been allowed to have independent sign for their accessory uses, except as permitted by the Code. C. The variance will not have a detrimental impact on �- adjacent properties or subject properties. The variance will have a detrimental impact on adjacent properties as the need for signage is always a paramount issue with business owners therefore businesses owners with accessory uses will be afforded an opportunity to seek variances for oversized signage, given the use. D. The variance is consistent with the provisions of the General Plan. The variance would afford accessory uses the same opportunities granted by primary uses thereby promoting unbalanced commercial development distribution of signage, which would negatively affect the quality of the adjacent residential area, which is specifically discouraged by the Land Uses Element of the General Plan. . : .R1 The proposed Conditional Use Permit would allow a use which has existed since 1979 (according to our records), however the Variance, if approved, would set forth a potentially dangerous president which could allow accessory uses to have signage afforded to primary uses. Therefore, it is recommended that the Planning Commission: 1) classify Outdoor Garden and Nursery sales and service uses permitted when accessory to a primary use, subject to approval of a Conditional Use Permit in the C-1 (Retail Commercial) District by minute ._order; and 2) approve Conditional Use Permit Community Development Department Planning Commission Report UD90-1/CUP89-48/V90-2 February 12, 1990 Page 6 89-48 and deny Variance 90-2 by the adoption of Resolution No. 2751 as submitted or revised. Christ6pher E.eackson Christine Shingleton Associate Plan r Director of Community Development CEJ: pef Attachments: Resolution No. 2751 Site Plan, Elevations, Floor Plans Community Development Department 1 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 NO. 2751 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 89-48, APPROVING ESTABLISHMENT OF AN ACCESSORY OUTDOOR GARDEN AND NURSERY USE AT 1212 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Conditional Use Permit 89-48) has been filed by Allways Space, to establish an accessory Outdoor Garden and Nursery use on property located at 1212 Irvine Boulevard. The property is further described as Assessor's Parcel No. 500-102-12. B. That a public hearing was duly called, noticed and held on said application on February 12, 1990. C. That establishment, maintenance, and operation of the use applied for 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, evidenced by the following findings: 1. The use applied for has been established as conditionally permitted use within the Retail Commercial (C-1) District by the Planning Commission. 2. The use applied for is consistent with the Land Use Designation of the City's General Plan which established the area as Commercial. 3. As conditioned (Exhibit A), the use will not pose a threat to surrounding uses in that the outdoor garden and nursery use will be accessory to the primary retail sales use. 1 2 3 4 5 6 n 1C 11 1� 1� 14 15 1C 17 18 1C 2C 21 Z 23 24 25 2C 27 28 Resolution No. 2751 Page two II. The Planning Commission hereby approves Conditional Use Permit 89-48 authorizing establishment of an accessory outdoor garden and nursery center. The property is further described as Assessor's Parcel No. 500-102-12. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of February, 1990. PENNI FOLEY Secretary EXHIBIT A CONDITIONAL USE PERMIT 89-48 CONDITIONS OF APPROVAL RESOLUTION NO. 2751 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 12, 1990 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Use Permit approval shall become null and void unless all necessary building permits and business licenses are issued within twelve months of the date on this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 The applicants and property owners shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any building permits and or business license. BUILDINGZSITE (4 ) 2.1 All signage shall be subject to review and approval by the City of Tustin. (1) 2.2 All exterior colors to be used shall be subject to review (4 ) and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing as noted on submitted construction plans and elevations shall indicate all colors and materials to be used. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 2751 Page 2 (4) 2.3 The garden center shall be considered accessory to the primary business (Allways Space) and shall be included under the existing business license for Allways Space. No independent business license or address shall be issued for the Outdoor Garden Center. (1) 2.4 The building improvements shall comply with the Uniform Building Code, other related codes, City Ordinances and the laws and regulations of the City and State. (1) 2.5 Structural calculations shall be provided for all new structures. (4) 2.6 A "Loading Zone Only" shall be established on the east side of the proposed Outdoor Garden Center. This area shall be striped and identified on the construction - drawings. 2.7 All outdoor garden and nursery displays shall be within an enclosed, fenced area unless special temporary use permits for special events are issued. 2.8 Lights within the outside accessory garden and nursery area shall be shielded to prevent glare on adjoining residential properties. 2.9 Applicant shall provide acoustical data on the exterior paging amplifier indicating that the decibel levels will not be in violation of the City of Tustin Noise Ordinance. In the event complaints are received by the Community -Development Department, outside paging shall be discontinued when requested by the Community Development Department. PLAN SUBMITTAL 3.1 At building plan check four sets of construction level plans shall be submitted as follows: (3) A. The construction plans shall be in accordance with applicable Building and Fire Code. Said construction will be inspected by the Community Development Department and Fire Department during construction and prior to final inspection. Exhibit A Resolution No. 2751 Page 3 (1) B. All conditions of approval specific to construction drawings shall be identified in the submitted construction package. FEES (6) 4.1 Prior to the issuance of any building permits, payment shall be made of all required fees including all applicable plan check and building permit fees to the Community Development Department. CEJ: pef STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. -7 `( was duly passed and adopted at a regular meet' ng of the Tustin Planning Commission, held on the fi� day of -c r �� 199 . PENNI FOLEY Recording Secretary ----- ----- 1t toe-4Efl C *wrsonCoskey Architects ALL -WAYS S -P -A -C -E '°'""—� &^ w � � w�Orw+�AtM ►W�+►�-M • TYITM "llo"T/ /" OP MO CINTQI ilii WVWW!1110 TY/TM CA11M011NIA���� lif -rte•-�� b���.�-t -r.-� �Mr��-�� MSM u 6A R i i C *nm / Coskey Archhocb (N t ALL—WAYS S•P•A•C•E comm""P „r.», • .t TUITM NINNITo SMWMO CRNTBR Isis wvva BLVD Ll TUITMI CALMOQNIA Af0moc w WwvI ptpv p --- Planning Commission Minutes February 12, 1990 Page 3 The Director asked that the additional information from the applicant be provided prior to the agenda for the next meeting being distributed to allow time for the Commission to review it prior to the meeting. Commissioner Baker moved, Shaheen seconded to continue the discussion of Use Permit 90-1 to the February 26, 1990 meeting, asking the applicant to provide any additional information to staff prior to the preparation of the agenda. Motion carried 4-0. e Conditional Use Permit 89-48 and Variance 90-2 APPLICANT: ALLWAYS-SPACE C/O BUILDERS EMPORIUM 1833 ALTON AVENUE IRVINE, CALIFORNIA 92714 LOCATION: 1212 IRVINE BOULEVARD ZONING: RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF SECTION 15305(A) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO DETERMINE IF "ACCESSORY OUTDOOR GARDEN AND NURSERY USES" ARE CONDITIONALLY PERMITTED IN THE C-1 DISTRICT; TO AUTHORIZE AN OUTDOOR GARDEN AND NURSERY SALES AREA AND INSTALLATION OF A 25 SQUARE FOOT SECONDARY SIGN RECOMMENDATION - It is recommended that the Planning commission take the following actions: 1. Determine that "Accessory Outdoor Garden and Nursery Sales and Storage" be considered a permitted use subject to approval of a Conditional Use Permit; and 2. Approve Conditional Use Permit 89-48 and deny Variance 90-2 by the adoption of Resolution No. 2751 as submitted or revised. Presentation: Christopher Jackson, Associate Planner Commissioner Kasparian asked if, the applicant would be selling pre - bagged goods only, not in bulk. Staff affirmed. Commissioner Shaheen asked if the only concern was the size of the sign that was being requested. Planning Commission Minutes February 12, 1990 Page 4 Staff replied that the concern was whether the sign was allowable within the Code. The Director noted that they could not confirm that the old "garden shop" sign was a legal non -conforming sign. Commissioner Le Jeune asked if they were asking for a special sign; if they are they allowed a free-standing sign; and what the copy would be. Staff aff irmed that they wanted a special sign; it would be placed on the wrought -iron fence, or they could incorporate it into their existing sign; and that their existing sign says "Allways Space". Commissioner Shaheen asked if Builder's Emporium had two signs. Staff affirmed. The Public Hearing was opened at 7:25 p.m. Mr. & Mrs. Righter, property owners who had received a public notice, noted that they did not like the addition of new signs; that the large one is already too big; that the lighting in the garden area is annoying; and that the paging system is very annoying. Roger Christman, architect for Builder's Emporium, noted that they did not agree with the staff report; that the use applied for is similar to existing uses; that the exterior lighting in the garden shop is on a time clock; that with renovation of the exterior lights, the lighting will be directed inward away from residences; that the signage of Builder's Emporium consisted of the main sign and a canned sign noting "lumber and garden"; that during the renovation, to comply with the intent of the Code, they removed the 44 square foot "lumber and garden" sign with the intention of refurbishing and replacing with a 25 foot sign. He also noted that the extra signage would assist in identifying their merchandise; that they are far from the curb and hidden by the trees and restaurant; and that they would be entitled to a 75 square foot sign if they were two separate businesses based on the frontage of the building. Also, that this variance would not grant special privileges since many stores in the vicinity have additional signage; and since the Code allows a 25 foot sign on the side and rear elevations, they would like to move one of those allowed signs to the front. u Planning Commission Minutes February 12, 1990 Page 5 Commissioner Shaheen asked if it was a matter of how many signs or of total square footage; and how a second sign would allow them to be better seen from Irvine Blvd. Mr. Christman replied that the would like to be able to have two signs; and that they have been allowed a six foot sign, but feel that an increase to 25 feet would provide better visibility. Commissioner Le Jeune asked if they were also asking for additional directional signage. Mr. Christman replied negatively. Commissioner Kasparian asked for a clarification of the allegations that other buildings have additional signage. The Director replied that each business would have to be reviewed individually; that the Code permits directional signs of six feet, and signs facing other elevations. Commissioner Le Jeune asked -if the applicant is allowed a six foot sign without a use permit. The Director affirmed, clarifying what was a primary use and that a garden shop would be an accessory use. Commissioner Kasparian asked where the sign would be located, and if it was free-standing. Mr. Christman replied that it would be a sign mounted on the garden shop portion of the building. The Director noted that a six foot sign could be mounted on the wall; that there is an existing monument sign at Irvine Blvd. which could be changed to also add "Garden Shop". Commissioner Le Jeune asked if the store would be displaying plants in front of the store. Robert Satelli, Builder's Emporium, noted that on occasion, they do put out plants on rolling racks. The Director noted that with the new screened area, the City would not want to see an obstruction of the sidewalk area, but that it would be allowed with a temporary use permit on special occasions. Commissioner Le Jeune asked if the paging system was in operation. Planning Commission Minutes February 12, 1990 Page 6 Mr. Satelli replied that there is still a paging system, but that it will not be needed, and doubt if it will ever be used; that they will resolve any problems with the residents that might occur; that they will abide by any rules that the City proposes; and that they would like to put the sign back up so that they can connect Allways Space with the garden center. The Public Hearing was closed at 7:50 p.m. Commissioner Kasparian noted that an individual looking for a garden center utilizes advertising and then searches for the store, whereby, the six foot sign would be adequate. Commissioner Baker asked if there was room for "garden center" on the existing sign; that reference to the garden center would be helpful to him; and asked if the garden shop was a separate business would it be allowed to have a 75 square foot sign. Staff replied that it was a canned sign. Mr. Christman replied that the letters were individual and already at the 75 square foot maximum. Commissioner Le Jeune noted that he did not feel that the 25 square foot sign was an unreasonable request. City Attorney Nixon commented that if the Commission was leaning towards supporting the variance, they would then be required to note the findings that support the application, as there is no resolution containing the findings supporting it, a consensus would be acceptable prior to the vote. Commissioner Kasparian asked Mr. Nixon if the Commission would be required to find the justification for the application. =Mr. Nixon replied that a variance could not be granted without the specific findings to support it. Commissioner Le Jeune noted that he felt a precedent was established at the Courtyard based on the distance from the street; and that there are two distinct types of businesses within one company. Commissioner Baker noted that he believed extra signage was also granted at Lafayette plaza. Planning Commission Minutes February 12, 1990 Page 7 Commissioner Kasparian noted that he could not find sufficient justification to pass the variance; asked if this situation was unique; and if the old sign was legal. The Director replied that they could not verify the status of the old sign, since they do not have records of when it was installed or approved..-- Commissioner pproved.: Commissioner Shaheen noted that he would like to see the item continued. The Director noted that the Commission could continue the variance and move on the use determination; and made corrections to Resolution No 2751, as moved. Commissioner Baker moved, Kasparian seconded to determine that "Accessory Outdoor Garden and Nursery Sales and Storage" be considered a permitted use in the C-1 District, subject to approval of a Conditional Use Permit by minute motion. Motion carried 4-0. Commissioner Baker moved, Le Jeune seconded to approve Conditional Use Permit -89-48 by the adoption of Resolution No. 2751 as revised with the following revisions: Title: delete "and denying variance 90-2 to install a 25 square foot secondary sign" Item I,A.,line two, delete "and Variance 90-211. Item I,D., delete in its entirety. Item II line three, delete "and denies Variance 90-2, to install a 25 square foot second identification sign at 1212 Irvine Boulevard." Exhibit A, item -2.1 should be changed to read 112.1 All signage shall be subject to review and approval by the City of Tustin." The following items should be added: 112.7 All outdoor garden and nursery displays shall be within an enclosed, fenced area unless special temporary use .permits for special events areissued. 2.8 Lights within the outside accessory garden and nursery area shall be shielded to prevent glare on adjoining residential properties. 2.9 Applicant shall provide acoustical data on the exterior paging amplifier indicating that the decibel levels will not be in violation of the City of Tustin noise Ordinance. In the event complaints are received by the Community Development Department, outside paging shall be discontinued when requested by the Community Development Department." Motion carried 4-0. Planning Commission Minutes February 12, 1990 Page 8 _ Commissioner Baker moved Le Jeune seconded to continue Variance 90-2 to the February 26, 1990 Planning Commission meeting. Motion carried 4-0. 4. Amendments to Conditional Use Permit 88-01 and Design Review 88-10 APPLICANT/ OWNER: CONTINENTAL MEDICAL SYSTEMS,'INC. P.O. BOX 715 MECHANICSBERG, PENNSYLVANIA 17055 AGENT: JAY FALKENBERG BERT TAGGERT & ASSOC./ARCHITECTS 1601 DOVE STREET, SUITE 242 _ NEWPORT BEACH, CALIFORNIA 92660 PROJECT NAME: WESTERN NEURO CARE CENTER LOCATION: 14851 YORBA STREET AND 165 N. MYRTLE AVENUE, TUSTIN LAND AREA: 2.490 ACRES ZONING: PUBLIC AND INSTITUTIONAL (P & I), AND YORBA STREET SPECIFIC PLAN - PROFESSIONAL (pr) ENVIRONMENTAL STATUS: ADDENDUM 90-1 TO ENVIRONMENTAL IMPACT REPORT (EIR) 88-01 HAS BEEN PREPARED FOR THE AMENDMENTS, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) . NOTE: EIR 88-01 WAS CERTIFIED ON APRIL 11, 1988 BY THE ADOPTION OF RESOLUTION NO. 2485. REQUEST: TO ALLOW MODIFICATIONS TO A PREVIOUSLY -APPROVED CONDITIONAL USE PERMIT (CUP 88-01) AND DESIGN REVIEW (DR 88-10) . RECOMMENDATION - It is recommended that the Planning Commission take the following actions: 1. Adopt Resolution No. 2748 recertifying Final EIR 88-01 with Addendum 90-1; 2. Adopt Resolution No. 2749 approving Conditional Use Permit 88-01, as submitted or revised; and 3. Adopt Resolution No. 2750 approving Design Review 88-10, as submitted or revised. Presentation: Paula Rankin, Associate Planner Staff made changes to the staff report, as moved. The Public Hearing was opened at 8:23 p.m.