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HomeMy WebLinkAbout03 CUP 04-013Uoy O �ir�, .�'►� Community Development Department DATE: JUNE 28, 2004 SUBJECT: CONDITIONAL USE PERMIT 04-013 APPLICANT: ULTRASIGNS ATTN: SUE MURDOCK 5450 COMPLEX STREET #307 SAN DIEGO, CA 92123 PROPERTY OWNER: MICHAEL SEVERSON 18301 VON KARMAN AVENUE IRVINE, CA 92612 LOCATION: 1621 EDINGER AVENUE ZONING: INDUSTRIAL (M) ENVIRONMENTAL ITEM #3 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: A REQUEST TO ESTABLISH A MASTER SIGN PROGRAM FOR THE GATEWAY VILLAGE COMMERCIAL CENTER WHICH IS LOCATED ON CURRENTLY VACANT PROPERTY AT 1621 EDINGER AVENUE AT THE NORTHEAST CORNER OF EDINGER AND RED HILL AVENUES. RECOMMENDATION That the Planning Commission approve Conditional Use Permit 04-013 by adopting Resolution No. 3918. BACKGROUND On May 12, 2003, the Planning Commission approved Conditional Use Permit 02-026 and Design Review 02-032 by adopting Resolution Nos. 3871 and 3872 for the development of a 5.164 -acre site named Gateway Village located at the northeast corner of Red Hill Avenue and Edinger Avenue with a 22,208 square feet for retail and restaurant uses and 75,491 square feet for self -storage uses. The project site is located within the City's Industrial (M) zoning district and Industrial General Plan land use designation. Construction of the project has not begun. The site was previously developed with an Planning Commission Report CUP 04-013 June 28, 2004 Page 2 approximately 11,000 square foot restaurant building known as "The Barn," which was demolished. Pursuant to Tustin City Code (TCC) Section 9403g, a master sign plan is required for multi - tenant centers to encourage coordination of sign design with the project's architectural style. Master sign plans that comply with the provisions of the sign code are processed administratively. However, the proposed master sign plan deviates from the sign code as indicated in the table below and discussed in more detail in a following section of this report. Pursuant to TCC Section 9403h2(e), the Planning Commission may approve a conditional use permit for a master sign plan that deviates from the sign code. Tustin City Code Requested Deviations TCC Section 9408 permits only one tenant The applicant is proposing two (2) directory sign which must be incorporated monument center identification signs that into a center identification sign. incor orate tenant directories. TCC Section 9408 limits the maximum The applicant is proposing three (3) height of all monument signs to six (6) feet. monument signs that are eight (8) feet tall, including two (2) center identification signs that incorporate tenant directories and one (1) individual business identification sign for a self storage use. 75 square feet is the limit for on -building wall The applicant is proposing a 125 square signs established by TCC Section 9408. foot on -building wall sign for the self storage building. Site and Surrounding Properties Gateway Village is an elongated triangular shaped property with the smallest angle pointing east, Red Hill Avenue (a future six -lane major arterial) on the west, Edinger Avenue (a future six -lane major arterial roadway) on the south, and the OCTA/SCRRA railroad right-of-way on the north (Attachment A — Location Map). The commercial buildings will be on the west half of the site which is the largest, most visible, and most active portion of the property. The self -storage facility is a more passive use and will be on the east half of the site where the property is narrowest (Attachment B — Site Plan). The self -storage facility consists of three (3) buildings varying from two (2) to three (3) stories. The commercial uses include various restaurant and retail uses on a ground floor and office uses on a second floor. The presence of the self -storage buildings is obscured from all street frontages by the location of the commercial buildings in front of Red Hill Avenue and by tall and dense landscaping along Edinger Avenue. Center Design/Architecture Gateway Plaza's parking area and pedestrian walkways are located in the central portion of the site with buildings pushed out towards Edinger and Red Hill Avenues which creates a pedestrian orientation towards the center of the Plaza. The commercial portion of the site is divided into three buildings, two of which are single -story buildings proposed for retail and restaurant uses along the Edinger Avenue frontage. The third building is the largest Planning Commission Report CUP 04-013 June 28, 2004 Page 3 with retail on the ground floor and office use on the second floor and is located adjacent to the railroad and behind the single -story buildings that face Edinger Avenue. All of the buildings will feature stucco walls and curved standing seam metal roofing for a contemporary architectural style. Accent ledge stone will adorn the columns and slate tiles will be placed at the base of the stucco walls. There will be three (3) self -storage buildings. The storage building along Edinger Avenue will be two (2) stories with a stucco finish and metal standing seam roofing to complement the commercial buildings to the west. To soften the appearance of the building, a decorative block wall, landscaped berming, and tree clusters will exist in front of the self -storage building along Edinger Avenue. The central storage building and a majority of the storage building along the railroad right-of-way will be three (3) stories with an overall height of thirty (30) feet. The rear of the building adjacent to the railroad will be softened by landscaping against the building. DISCUSSION Master Sign Plan Description The applicant is proposing a Master Sign Plan (Attachment B) which includes the following provisions: • General Landlord/Tenant Requirements • General Sign Construction Requirements • Prohibited Signs • Temporary Sign Requirements • On -Building Signage Specifications • Center Identification Signs with Tenant Directories Requirements • Individual Tenant Identification Sign Requirements General Landlord/Tenant Requirements In general, the master sign plan would designate the landlord or designated property manager as the party responsible for approving tenant signs in accordance with the master sign program prior to submittal to the City for review. The Landlord would assume the responsibility for ensuring that tenant signs are removed upon termination of business leases and that the sign mounts are removed and patched to architecturally match the building. General Sign Construction Requirements The master sign plan requires all signs to comply with Title 24 of the California Code of Regulations (California Building Codes), have sealed exterior surfaces, be internally illuminated, contain a painted surface, be constructed of rust -inhibited materials, and consist of seamless construction. No signs would be allowed to have exposed conduits, race ways, or manufacturer labels. Planning Commission Report CUP 04-013 June 28, 2004 Page 4 Prohibited Signs The master sign program proposes prohibited signs for Gateway Plaza. Most of the prohibited signs coincide with Tustin Sign Code (TSC) Sections 9401 to 9413 but not all of the prohibited signs identified in the sign code are identified in the master sign plan. Condition 2.1 would require the applicant to revise the text to state that all prohibited signs in TSC Section 9401 to 9413 are also prohibited for Gateway Plaza and state that any more restrictive prohibitions of signage proposed under the master sign program shall also apply. Temporary Sign Requirements The proposed master sign plan defers to the Tustin Sign Code for temporary signs with the exception that temporary window signs are limited to a 30 day period and no tenant may display temporary signs more than 90 days in a calendar year. The TSC considers all window signs as permanent and no time limitations are imposed. Under the master sign program, all other non-exempt signs such as banners, balloons, and pennants require landlord approval and a temporary sign permit from the City. General Design Standards The applicant's sign program does not establish uniform sign colors, faces, returns, trim caps, or fonts because they desire to leave the decision to their anchor tenants who are usually regional or national chains that have specific sign standards used for brand recognition. Staff is proposing Condition 2.1 to require the applicant to provide a sign color, face, return, trim cap, and font theme for approval by the Community Development Director for tenants that do not have a brand recognition sign. On -Building Wall Signage Specifications for Retail and Office Buildings The master sign program would be consistent with and in some cases more restrictive than the sign code for primary and secondary on -building wall signs on Buildings A, B, and C as indicated in the below chart. WALL SIGNAGE FOR RETAIL AND OFFICE BUILDINGS TCC Section 9408 for Commercial Proposed On -building Wall Signs On -building Wall Signs Number 1 primary, as many secondary as 1 primary, 2 secondary buildin faces Primary 15% of storefront up to 75 sq. ft. 15% of storefront up to 75 sq. ft. Size Secondary 5% of storefront up to 25 sq. ft. 5% of storefront up to 25 sq. ft. Size Planning Commission Report CUP 04-013 June 28, 2004 Page 5 Location On wall below roof eave On wall below roof eave and centered above the storefront as indicated on page 8 of the sign Ian Height Dependent on floor height As indicated in sin plan The TSC contains provisions to allow the amount of signage on the primary wall to be switched with the signage on a secondary wall. The applicant's proposal is more restrictive than the TSC provisions because primary or illuminated secondary signs will be prohibited on the rear of all buildings adjacent to the railroad right-of-way. The additional restriction is required to protect uninterrupted non -illuminated night views for the residences just north of Gateway Plaza and a finding is provided in the findings section of this report for Planning Commission justification of the additional restriction. The applicant is proposing to limit tenant on -building wall signs to acrylic face channel letters, logo modules with applied vinyl graphics, and halo reverse plan channel letters. Stacked lettering would be permitted as long as the lettering fits in the allowable sign area. A four (4) inch gap would be required between stacked letters. The sign code does not specify the maximum height or width of signs, but the master sign plan proposes limits of two feet six inches (2'6") for letter and logo height and 75 percent of the total store front area for sign width on the retail and office buildings. Condition 2.1 would require the applicant to add to the text to state what the minimum letter size could be, thereby ensuring sign visibility. On -Building Wall Signage Specifications for the Self Storage Buildings The self storage building closest to Edinger Avenue will be limited to one west facing primary sign that is one foot nine inches tall (1'9") and twenty-one (21) feet long for a total of 36.75 square feet. The middle self storage building will be limited to one primary sign that is three feet three inches tall (3'3") and thirty-eight feet five inches (38'5") long for a total of 124.85 square feet which is more than the 75 square foot limit in the sign code. Given the perpendicular angle of Building 4 to Edinger Avenue and the distance located away from Red Hill Avenue, pursuant to TCC Section 9403h2.(e), the Planning Commission may wish to approve the sign. Findings to do so are provided at the end of this report. The northernmost self storage building will have no signs. Center Identification Signs with Tenant Directories Requirements The applicant is proposing two (2) monument center identification signs that include tenant directories for Gateway Plaza. One of the monument signs is proposed in a landscape area out of the visual clearance area at the northeast intersection of Edinger and Red Hill Avenues. The other sign is proposed in a landscape area out of the visual clearance area at the Red Hill Avenue drive entrance to the plaza. Both signs will be identical with a stone block base supporting a 27.75 tenant directory sign area and a 7 square foot center identification sign mounted on a nutmeg colored stucco background and capped with a curved architectural feature. The monument signs are proposed to be ten (10) feet wide Planning Commission Report CUP 04-013 June 28, 2004 Page 6 and eight (8) feet tall. A summary comparison of the sign code versus the proposed monuments signs is as follows: Condition 2.1 would require the applicant to add to the text to state what the minimum letter size could be, thereby ensuring tenant directory sign visibility. The proposed number of monument signs and monument sign heights exceed the provisions of the TSC which limit tenant directory monument signs to one (1) per center and the height to six (6) feet. Given the size of the center, the appropriateness of an adequate size tenant directory sign facing each street, and the distance the signs are away from each other, pursuant to TCC Section 9403h2.(e), the Planning Commission may wish to approve the two (2) eight (8) foot high signs. Findings are provided in the findings section of this report should the Planning Commission wish to do so. Individual Tenant Identification Sign Requirements The applicant is proposing to install one (1) individual tenant identification sign for the self storage tenant. The sign would be located in the landscape area outside of the visual clearance area adjacent to the drive entrance to the plaza from Edinger Avenue. The sign is designed to match the colors, materials, dimensions, and architectural style of the center identification/tenant directory signs except that it will contain one 15.43 square foot sign identifying the self storage business. The self storage business monument sign is the only individual tenant sign requested because on -building wall signs are not proposed on Building 1 which faces Edinger Avenue and will be obscured by tall dense landscaping TCC Section 9408 for Proposed Identification and Directory Monument Signs Monument Signs Number 1 sin 2 signs Maximum sign 75 sq. ft. 34.75 sq. ft. total area total 27.75 sq. ft. for tenant directory 7 sq. ft. for center identification Maximum sign 6 sq. ft. 2.91 square feet area per tenant Location In landscaped area outside of In landscaped area outside of the the visual clearance area visual clearance area Height 6 feet 8 feet Background Tenant signs shall be of Each tenant sign to be a maximum of Color uniform size, design, and 2.91 square feet centered within a background color. 4.62 square foot rectangle with the background color being off white. Font Signs shall be consistent , No common letter styles proposed for throughout the site by brand recognition signs. Condition incorporating a common 2.1 requires the applicant to provide a theme such as letter styles. sign color, face, return, trim cap, and font theme for approval by the Community Development Director for tenants that do not have a brand recognition sign Condition 2.1 would require the applicant to add to the text to state what the minimum letter size could be, thereby ensuring tenant directory sign visibility. The proposed number of monument signs and monument sign heights exceed the provisions of the TSC which limit tenant directory monument signs to one (1) per center and the height to six (6) feet. Given the size of the center, the appropriateness of an adequate size tenant directory sign facing each street, and the distance the signs are away from each other, pursuant to TCC Section 9403h2.(e), the Planning Commission may wish to approve the two (2) eight (8) foot high signs. Findings are provided in the findings section of this report should the Planning Commission wish to do so. Individual Tenant Identification Sign Requirements The applicant is proposing to install one (1) individual tenant identification sign for the self storage tenant. The sign would be located in the landscape area outside of the visual clearance area adjacent to the drive entrance to the plaza from Edinger Avenue. The sign is designed to match the colors, materials, dimensions, and architectural style of the center identification/tenant directory signs except that it will contain one 15.43 square foot sign identifying the self storage business. The self storage business monument sign is the only individual tenant sign requested because on -building wall signs are not proposed on Building 1 which faces Edinger Avenue and will be obscured by tall dense landscaping Planning Commission Report CUP 04-013 June 28, 2004 Page 7 adjacent to the street front. A summary comparison of the sign code versus the proposed monument sign is as follows: As is the case with the center identification/tenant directory monument signs, the individual tenant identification sign height exceeds the provisions of the TSC. Given that tall dense landscaping would obscure an on -building wall sign facing Edinger Avenue for the self storage use which comprises a significant portion of the center, pursuant to TCC Section 9403h2.(e), the Planning Commission may approve the sign and findings are provided in the analysis section of this report should the Planning Commission wish to do so. FINDINGS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed amendment to the master sign program will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. A decision to approve this request is supported by the following findings: Authorization to Approve Finding 1) Section 9403g and Section 9404b6 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the Tustin Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. Gateway Plaza meets these criteria in that it contains approximately 22,208 square feet for retail and restaurant uses and 75,491 square feet for self -storage uses and is located within a center. The proposed signs are appropriate since Gateway Plaza TCC Section 9408 for Proposed Individual Tenant Monument Signs Monument Sign Number 1 sign for each business in a 1 sign freestanding building having a minimum of 5,000 square feet of floor area Maximum sign 32 sq. ft. 29.22 sq. ft. total area total 22.22 sq. ft. for individual sign 7 sq. ft. for center identification Location In landscaped area outside of In landscaped area outside of the the visual clearance area visual clearance area Separation 25 feet from a side property In excess of 100 feet from any other line or 50 feet from another free-standing sign or property line. existing free-standing sign Height 6 feet 8 feet As is the case with the center identification/tenant directory monument signs, the individual tenant identification sign height exceeds the provisions of the TSC. Given that tall dense landscaping would obscure an on -building wall sign facing Edinger Avenue for the self storage use which comprises a significant portion of the center, pursuant to TCC Section 9403h2.(e), the Planning Commission may approve the sign and findings are provided in the analysis section of this report should the Planning Commission wish to do so. FINDINGS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed amendment to the master sign program will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood, or whether it will be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. A decision to approve this request is supported by the following findings: Authorization to Approve Finding 1) Section 9403g and Section 9404b6 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the Tustin Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. Gateway Plaza meets these criteria in that it contains approximately 22,208 square feet for retail and restaurant uses and 75,491 square feet for self -storage uses and is located within a center. The proposed signs are appropriate since Gateway Plaza Planning Commission Report CUP 04-013 June 28, 2004 Page 8 is a large scale development with large building masses that will contain services for residents and businesses in and outside of the City of Tustin. Wall Sign Findings 2) All proposed on -building wall signs would be compatible with the scale of the buildings in that all signs will be centered above each business, will be of a size scalable to each tenant's frontage, will be located below the roof line and, only one wall sign would not be consistent with the Tustin Sign Code. 3) The prohibition of primary or illuminated secondary signs on the rear of Buildings A, 2A, 2B, and 3 is more restrictive than the Tustin Sign Code but is necessary for protection of uninterrupted non -illuminated night views for the residences just north of Gateway Plaza. 4) The establishment of a 124.85 square foot sign on the west face of the central self storage building is above the 75 square foot limitation of the sign code; however, given the perpendicular angle of the building to Edinger Avenue, the distance the sign is located away from Red Hill Avenue, the prohibition of illumination on the rear of the northernmost self storage building, and the self-imposed limitation of only one sign on the building, the size of the sign is appropriate. Monument Sign Findings 5) The use of two center identification and tenant directory monument signs for Gateway Plaza is reasonable given that the plaza maintains frontage on both Red Hill and Edinger Avenues. Based on the size of the center and the fact that it contains enough square feet to qualify for three 30,000 square foot centers, each with their own center identification and tenant directory monument sign, two such signs are appropriate. 6) The establishment of eight foot high monument signs is appropriate since the free- standing retail tenant buildings adjacent to Edinger Avenue will obstruct signs behind them on the retail/office building to the north. The free-standing retail buildings adjacent to Edinger Avenue are likely to have primary signs oriented on the north building elevation towards the parking lot for visibility to internal vehicular and pedestrian traffic. Therefore, the monument signs may provide the opportunity for greater tenant identification from Red Hill and Edinger Avenues. Based on the size of the center, the appropriateness of an adequate size tenant directory sign facing each street, and the distance the signs are away from each other eight foot tall monument signs are a reasonable request. Based on tall dense landscaping to be planted along Edinger Avenue, the self storage facility, which comprises a significant portion of the center, would not maintain a sign facing Edinger Avenue and the proposed monument sign will act as a substitute sign. Planning Commission Report CUP 04-013 June 28, 2004 Page 9 7) The number, size, and design of the monument signs in the Master Sign Plan, as conditioned, would be compatible with the scale of the buildings in that the signs will be less than half the height of the proposed buildings and will incorporate an off - center arched cap consistent with the shape of walkway coverings on the buildings. 8) All the monument signs are uniform in size, color, and architecture. The quality of materials and architectural design of the signs will match the architecture of the center. General Master Sign Plan Findings 9) All signs proposed in the master sign program will not be detrimental or injurious to the community in that they comply with visual clearance requirements. 10) The number, size, and location of the monument signs would be consistent with surrounding development in that a restaurant with a monument sign exists across Red Hill Avenue to the west. 11) The number, size, and location of the signs would provide adequate visibility for consumers traveling along Edinger and Red Hill Avenues and in the internal portion of the plaza would be directed toward pedestrians as well as motorists. 12) Implementation of the Master Sign Plan will prevent the signage from becoming non -conforming or dilapidated in that, as conditioned, the master sign plan would ensure that the property owner carries out the necessary repairs and maintenance of Gateway Plaza signs. Ortlieb Karen Peterson Associate Planner Senior Planner Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Resolution No. 3918 ATTACHMENT A LOCATION MAP (CUP 04-013) 1'1 r///Z- ao0o I ATTACHMENT B SUBMITTED PLANS (CUP 04-013) z LU w d w o LLI o z Q z z z LU Z O v 0 U Z O N Q O O Q Q ((D Z LLA N a Q to v Z N N U () Z > > z Z z Q W Z w Z o25 Z w N O 0 N p U Z w Z Q w w cm U Ln Ln O - a Q w H w J (7 N U' U �. w � Z u o J o m �, uw Z 2 vi V) Q z Z V z z Z 0 g a OO CO j w U' OC CY � a W Z O LU u r V) a UN m m m c/n Z co a CM N 10 P O O 10 a v 6 a* oN Js� ss�C)p Z10 m� a wO�p V T0� WO�C2C)MV a N p�Q00 m�0^NO,M ZNM�NUNN V1a �'o ZSm�vc�i o N) P �a a OC—Z_� aW �0 iF co Dip oG O, T a^2Fa tx �O�— c)F�E�s�� r OC ZE N= J 2N2'�''LL OQ4�— Z) Le) F -W JV1 W N P— O W VINZ~ W > OC O ON U V\i LLI ca W F— V zin u LU Lu F -O LU Z 2 z cz U N Q� J V > 5 F a c� 3io c o a -a o c a� ai o Dorn 0 oa S ° ° O C N N C H O V "° d N L ''- O N N -C .}-- N d C O O a cn ° C Ou V C° "O d a C O } �� 3 c ° 0 v N ° a O w a ° d N o N c E N o z.�° o a Na ��a� °moo aC — G c O moo >} oc �a��� E 'a L7 v p"° ° �L N NO yr o T� ac a�3E cQ=° .� � 0 N-C 7 a 0 a v_ N L°° N N a 0 E� N N -ate Q 0 O� -a y d C L `0_}3Z w a°i� > a) $ ° Ot C- co 3 C �s cTc ° a a� $? °'� ca v ca� 3cc a N d 0) 'n c° 0 0 W 'C v- t ° C Ul N 'y O N O '^ N C w a V O } Q O O LU O} O C ° C O N N O �O ° N Of V N N z c 3 CL- c m c ;no �" =0 g o O } C_ C N oca� Z o N V C E H ° ° N C N O C d N 4l ° Ct N ° c E 'j • N N O M ° d C O C a N v) EE p "° p- L M N L }O c ° d E -O of C T a o N O° M c •° o O T Oc N C C 0° c J OV O D .O p 0 E V z ° N> (M C 'O 0) O = O �Vi N u (n O d -- C° ° a V O c° O) N •y O O V O N V V `- C L J O a- C, T cv oO o 00 N �'� d °v c O- c�E o o -° ° c acid o o f v v o o° y o 0 ,,, z ° 'p C: C: J O d 0 o d y- O t N O N D CL O J -° N v N N= a C7 a c .0 E P G P E c N°° E a '� O co 0) 3 'N ° cV C — CO a v ° o } C r< o6 m -° C o� ° a N C O N y d � a t c a aQ T c O n p a C c O'H °c ° p .v' O ° s O3 N E p O+ +° -"° N C C- o 11) uL i 4) uQ a N o ° o° o a a vv o 0 p V—' U N C N E ° _ W v C� C �}-0 a° N I t N tJ N c ° d-Q ° -0 O - a °ca _� 7 -° �c N off° —�E �o� —° �° W O y j p a) C0 H ,j j> W N V° 'C C' N 0'= _ O a w c o(n - N �° c C "° ° L) cam= 0)= a) yNX 030 nca O v c v° a Z �c h s can' -0 o CL c o u z O O y . 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That a proper application, Conditional Use Permit 04-013, was filed by Ultrasigns on behalf of Michael Severson, requesting authorization to establish a master sign plan that includes two (2) eight (8) foot tall center identification/tenant directory monument signs, one (1) eight (8) foot tall individual tenant monument sign, and one on -building wall sign that is 125 square feet for Gateway Plaza located at 1621 Edinger Avenue. B. That the proposed uses are consistent with the Tustin General Plan in that the property is designated as "Industrial' which provides for the establishment of light industrial and commercial uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub -Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -Element in that the addition of signs will not affect air quality. C. The project is located within the Industrial "M" zoning district where signs supporting permitted uses in centers are allowed with a master sign program. D. That pursuant to Tustin City Code Section 9403112.(e), with the approval of a Conditional Use Permit, the Planning Commission is authorized to approve a master sign plan that deviates from the requirements of the Tustin Sign Code for properties located within a center with at least thirty thousand (30,000) square feet of building area. The property is approved for 97,699 square feet of building area. E. That a public hearing was duly called, noticed, and held for said application on June 28, 2004, by the Planning Commission. F. As conditioned, the proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: Resolution No. 3918 Page 2 Authorization to Approve Finding 1) Section 9403g and Section 9404b6 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the Tustin Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. Gateway Plaza meets these criteria in that it contains approximately 22,208 square feet for retail and restaurant uses and 75,491 square feet for self -storage uses and is located within a center. The proposed signs are appropriate since Gateway Plaza is a large scale development with large building masses that will contain services for residents and businesses in and outside of the City of Tustin. Wali Sign Findings 2) All proposed on -building wall signs would be compatible with the scale of the buildings in that all signs will be centered above each business, will be of a size scalable to each tenant's frontage, will be located below the roof line and, only one wall sign would not be consistent with the Tustin Sign Code. 3) The prohibition of primary or illuminated secondary signs on the rear of Buildings A, 2A, 2B, and 3 is more restrictive than the Tustin Sign Code but is necessary for protection of uninterrupted non -illuminated night views for the residences just north of Gateway Plaza. 4) The establishment of a 124.85 square foot sign on the west face of the central self storage building is above the 75 square foot limitation of the sign code; however, given the perpendicular angle of the building to Edinger Avenue, the distance the sign is located away from Red Hill Avenue, the prohibition of illumination on the rear of the northernmost self storage building, and the self-imposed limitation of only one sign on the building, the size of the sign is appropriate. Monument Sign Findings 5) The use of two center identification and tenant directory monument signs for Gateway Plaza is reasonable given that the plaza maintains frontage on both Red Hill and Edinger Avenues. Based on the size of the center and the fact that it contains enough square feet to qualify for three 30,000 square foot centers, each with their own center Resolution No. 3918 Page 3 identification and tenant directory monument sign, two such signs are appropriate. 6) The establishment of eight foot high monument signs is appropriate since the free-standing retail tenant buildings adjacent to Edinger Avenue will obstruct signs behind them on the retail/office building to the north. The free-standing retail buildings adjacent to Edinger Avenue are likely to have primary signs oriented on the north building elevation towards the parking lot for visibility to internal vehicular and pedestrian traffic. Therefore, the monument signs may provide the opportunity for greater tenant identification from Red Hill and Edinger Avenues. Based on the size of the center, the appropriateness of an adequate size tenant directory sign facing each street, and the distance the signs are away from each other eight foot tall monument signs are a reasonable request. Based on tall dense landscaping to be planted along Edinger Avenue, the self storage facility, which comprises a significant portion of the center, would not maintain a sign facing Edinger Avenue and the proposed monument sign will act as a substitute sign. 7) The number, size, and design of the monument signs in the Master Sign Plan, as conditioned, would be compatible with the scale of the buildings in that the signs will be less than half the height of the proposed buildings and will incorporate an off -center arched cap consistent with the shape of walkway coverings on the buildings. 8) All the monument signs are uniform in size, color, and architecture. The quality of materials and architectural design of the signs will match the architecture of the center. General Master Sign Plan Findings 9) All signs proposed in the master sign program will not be detrimental or injurious to the community in that they comply with visual clearance requirements. 10) The number, size, and location of the monument signs would be consistent with surrounding development in that a restaurant with a monument sign exists across Red Hill Avenue to the west; 11) The number, size, and location of the signs would provide adequate visibility for consumers traveling along Edinger and Red Hill Avenues Resolution No. 3918 Page 4 and in the internal portion of the plaza, would be directed toward pedestrians as well as motorists. 12) Implementation of the Master Sign Plan will prevent the signage from becoming non -conforming or dilapidated in that as conditioned, the master sign plan would ensure that the property owner carries out the necessary repairs and maintenance of Gateway Plaza signs. G. That this project is Categorically Exempt pursuant to Section 15304 (Class) of the California Environmental Quality Act. II. The Planning Commission hereby approves CUP 04-013 establishing a master sign plan that includes two (2) eight (8) foot tall center identification/tenant directory monument signs, one (1) eight (8) foot tall individual tenant monument sign, and one on -building wall sign that is 125 square feet for Gateway Plaza located at 1621 Edinger Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of June, 2004. JERRY AMANTE Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3918 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of June, 2004. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-013 GENERAL (1) 1.1 All signs shall substantially conform to the Master sign plan date stamped June 28, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the Master Sign Program during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for signs, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 04-013 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 As a condition of approval of Conditional Use permit 04-013, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third -party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY `** EXCEPTIONS Exhibit A - Conditions of Approval Resolution 3918 Cup 04-013 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN REVISIONS (5) 2.1 Within ten (10) days from the date Resolution No. 3918 is approved, the applicant shall provide the Community Development Director with a master sign program that has additional text added to address the following: • Provide a statement to identify the minimum letter size for wall and monument signs to ensure visibility of tenant signs. • Add text stating that "Flickering bulbs, burned out bulbs, and/or broken lights shall be repaired in a period not to exceed 48 hours from the time it is noticed. The entire sign shall not be illuminated until all repairs have been made." • Add text stating that "All conduit, raceways, crossovers, wiring, ballast boxes, transformers, and other necessary equipment for signs shall be concealed." • Add text stating that "All signs prohibited by Tustin City Code Section are also prohibited for Gateway Plaza and any more restrictive prohibitions of signage in the master sign program shall also apply." • Provide a sign color, face, return, trim cap, and font theme for tenants that do not have a brand recognition sign. • Add text stating that "Prior to issuance of any sign permit, freestanding signs over four (4) feet in height and modification to existing freestanding signs shall be engineered by a California licensed and registered civil or structural engineer." • Add text stating that "All electrical work shall conform to the 2001 Edition of the California Electrical Code (CEC). All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Code and the National Electrical Code as locally Exhibit A - Conditions of Approval Resolution 3918 Cup 04-013 Page 3 Add text stating that "Monument signs shall be installed with adequate horizontal and vertical intersection sight lines. In general, a 25 feet by 25 feet limited use triangle shall be provided at typical street intersections and 10 feet by 10 feet limited use triangle sections shall be provided at driveway intersections. Additional sight evaluation could be required to satisfy the City's Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets." FEES (1)(5) 4.1 Prior to issuance of any sign permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Electrical plan check and permit fees to the Community Development Department based on the most current schedule. . C. Sign plan check and permit fees to the Community Development Department based on the most current schedule. (2) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.