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HomeMy WebLinkAboutPC RES 3918 RESOLUTION NO. 3918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-013 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 WHICH IS AT THE NORTHEAST CORNER OF EDINGER AND RED HILL AVENUES The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. 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. The project is located within the Industrial "M" zoning district where signs supporting permitted uses in centers are allowed with a master sign program. C. D. That pursuant to Tustin City Code Section 9403h2.(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. Wall Sign Findings 2) 3) 4) 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. 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. 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 6) 7) 8) identification and tenant directory monument sign, two such signs are appropriate. 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. 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. 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) 10) 11 ) 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. 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; 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. Resolution No. 3918 Page 4 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. 13) Due to the unique shape and configuration of the property and the number of uses, the granting of additional signage will not grant a special privilege that other properties under similar zoning designations enjoy. 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 Com meeting on the 28th day of June, 2004. ¿ç¿~?~ 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. a~,;;;;:~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-013 GENERAL (1) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 All signs shall substantinlly 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. 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. 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. 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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution 3918 Cup 04-013 Page 2 (1 ) 1.5 (1 ) 1.6 (1 ) 1.7 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. 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. 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 . . . . . . Exhibit A - Conditions of Approval Resolution 3918 Cup 04-013 Page 3 FEES (1)(5) 4.1 (2) 4.2 . Uniform Building Code and the National Electrical Code as locally amended. II 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." The signage along the northerly elevation of Building A shall be eliminated. . 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. 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.