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HomeMy WebLinkAboutPC RES 3929 RESOLUTION NO. 3929 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING SIGN CODE EXCEPTION 03-002, AUTHORIZING A FORTY-NINE (49) SQUARE FOOT SECONDARY WALL SIGN WHERE A MAXIMUM OF TWENTY-FIVE (25) FEET IS PERMITTED, INCLUDING A FIFTEEN (15) SQUARE FOOT SUPPLEMENTAL SIGN WHERE A MAXIMUM OF SIX (6) FEET IS PERMITTED ON THE WEST ELEVATION OF A FUTURE DRIVE THROUGH PHARMACY TO BE LOCATED AT THE NORTHEAST CORNER OF NEWPORT AVENUE AND IRVINE BOULEVARD (13022 - 13052 NEWPORT AVENUE, 1042 OLD IRVINE BOULEVARD, AND 1021,1025, AND 1031 IRVINE BOULEVARD). The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Sign Code Exception 03-002, has been filed by Richard Starr on behalf of Evergreen Devco, requesting authorization to construct a forty-nine (49) square foot secondary wall sign where a maximum of twenty-five (25) feet is permitted, including a fifteen (15) square foot supplemental sign where a maximum of six (6) feet is permitted, on the west elevation of a future drive-through pharmacy. B. That signs in the Retail Commercial (C-1) zoning district are regulated by the Tustin Sign Code, and a secondary wall sign which exceeds the maximum permitted area by more than ten (10) percent can be authorized with approval of a Sign Code Exception by the Planning Commission pursuant to Tustin City Code Section 9405c. C. The Planning Commission considered the item on August 23, 2004; D. That the primary use for which the sign is required is consistent with the Retail Commercial (C-1) and the "Community Commercial" designation of the Tustin General Plan which permits commercial uses. 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. E. Pursuant to Sign Code Section 9405c, the request to permit a secondary wall sign which exceeds the maximum permitted sign area by more than ten (10) percent can be supported by the following findings. 1. Sign size and placement restrictions of the sign code shall be as closely followed as practicable. Resolution No. 3929 Page 2 Pursuant to the Tustin Sign Code, a total of 125 square feet of wall signage would be permitted for the proposed building, including one (1) primary wall sign up to seventy-five (75) square feet and two (2) secondary wall signs up to twenty-five (25) square feet each. As proposed, the total amount of wall signage, including business and supplemental signage, would not exceed the total square footage; it would only combine the allowable area of two (2) secondary and supplemental signs onto one wall. 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. The proposed project is a commercial development located within the Central Commercial (C-1) zoning district. Signage which is visible and compatible with the building scale and architecture is important to a business' success; the proposed signage is consistent with the intent of the commercial district and is appropriate to the scale of the building elevations. 3. There are special circumstances unique to the property to justify the exception. The proposed project site is unique because it is triangular in shape, is located at the intersection of two (2) major arterials, and the building is setback from Newport Avenue and Irvine Boulevard. Accordingly, the applicant requests to consolidate signage onto the two (2) most visible elevations without exceeding the maximum permitted area for the entire site. 4. Granting the exception will not have a negative impact on the surrounding properties. The total amount of signage for the development site will not be exceeded. In addition, since the existing buildings on-site have a variety of sign sizes, colors, and materials, and the site is surrounded by other multi-tenant commercial centers, the minimal number of signs on the proposed building will be more compatible with and enhance the overall signage in the vicinity. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and that the granting of the exception meets findings and the intent of the sign code. For the reasons identified above, the requested signs under this exception are consistent with the intent and purpose of the Tustin Sign Code and will not cause any adverse effects on the surrounding commercial properties and public rights-of-way. Resolution No. 3929 Page 3 F. This project is Categorically Exempt pursuant to Section 15332, Class 11 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Sign Code Exception 03-002, authorizing a forty-nine (49) square foot secondary wall sign where a maximum of twenty-five (25) feet is permitted, including a fifteen (15) square foot supplemental sign, on the west elevation, where a maximum of six (6) feet is permitted on property located at northeast corner of Newport Avenue and Irvine Boulevard (13022 - 13052 Newport Avenue, 1042 Old Irvine Boulevard, and 1021, 1025, and 1031 Irvine Boulevard) also known as the northeasterly one-half of lot 1 in block 12 of Irvine's Subdivision, in the City of Tustin, County of Orange, State of California, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of August, 200 . '\ ! i .-L ~1 ( ðlúf ¿çj~~ 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. 3929 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of August, 2004. a~ 4ß~.6 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A SIGN CODE EXCEPTION 03-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3929 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 The proposed use shall substantially conform with the submitted plans for the project date stamped August 23, 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 plans during plan check if such modifications are 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 prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Sign Code Exception 03-002 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 "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. 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 (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 3929 Page 2 (1 ) (1 ) (1 ) 1.6 1.7 1.8 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 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. Sign permits shall not be issued for the site until building permits are issued for the drive-through pharmacy approved per Conditional Use Permit 02-021 and Design Review 02-026. PLAN SUBMITTAL (*) (1 ) (1 ) (1 ) (1 ) 2.1 2.2 2.3 A sign permit shall be applied for and received from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan, pursuant to the Tustin Sign Code. Three (3) sets of construction level plans with necessary specifications, materials, colors, and details prepared in accordance with the Uniform Building Code, City Ordinances, and State and Federal laws and regulations shall be submitted for review and approval by the Community Development Department prior to installation of the sign. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. USE RESTRICTIONS 3.1 3.2 All signs shall be maintained in a good condition and operating order. If the illumination of one or more of the letters become inoperable, the sign shall be turned off until appropriate repairs are made. The neon mortar and pestle in the window of the main entrance tower is considered a window sign, therefore, the area of the sign shall not cover more than twenty-five (25) percent of the any window area. Exhibit A Resolution No. 3929 Page 3 FEES (C) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of 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.