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HomeMy WebLinkAboutPC RES 4413 DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 RESOLUTION NO. 4413 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2020-0019 AND DESIGN REVIEW 2020-0019 REQUESTING AUTHORIZATION TO ENHANCE THE BUILDING EXTERIOR WITH PAINTED MURALS AND APPLIED GRAPHICS The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2020- 0019 and Design Review (DR) 2020-0019, was filed by Jonathan Hastanan of Steelwave LLC, requesting authorization to enhance the exterior facade with painted murals and applied graphics for the existing building located at 15771 Red Hill Avenue. B. That pursuant to Section 9404b.4 of the Tustin City Code (TCC), a CUP is required for murals or graphics which do not promote a product or business but which depict a scene or image and pursuant to Section 9272 of the TCC, DR is required for signs (includes murals or graphics). C. That the proposed request is consistent with the Tustin General Plan in that the property is designated as Industrial and allows for industrial and office uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City's General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held for said application on December 8, 2020, by the Planning Commission. E. That the enhancement of the exterior fagade with geometric graphics will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. That pursuant to Section 9404b.4 of the TCC, proposed signage is considered a painted wall sign and is allowed within the City of Tustin when depicting a scene or image not promoting a product or business, subject to an approved CUP. DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 2 2. That, as conditioned, the proposed signage will not promote a product or business and will be subject to City review. 3. That, as conditioned, all signs shall be weather and rain resistant, abrasive resistant, peel resistant, and non-yellowing so as not to degrade in adverse weather conditions. 4. That, the maintenance and removal of any future signs for the site is adequately addressed in the conditions of approval. 5. Pursuant to Section 9272c of the TCC, the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. The height and bulk of the existing building is compatible with surrounding buildings in that the recently added perforated metal screens are contemporary architectural design elements that extend five (5) feet above the existing parapet and create visual interest in the building facade. No changes to height or bulk are proposed in conjunction with this signage project. b. Setbacks and site planning. All existing building setbacks will remain unchanged. c. Exterior materials and colors. The proposed combination of painted murals and applied graphic along the exterior of the existing building walls increase the structure's visual interest from the public right-of-way. The proposed exterior materials and colors are compatible with the building and overall contemporary design. d. Landscaping, parking area design and traffic circulation. The existing parking lot is in compliance with current development standards. No improvements are proposed in conjunction with this project. e. Location and appearance of equipment located outside of an enclosed structure. All equipment is fully screened from view and will remain unchanged. DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 3 f. Proposed signing. As conditioned, building signage shall comply with applicable regulations and shall be submitted to the Community Development Department for review and approval. g. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing contemporary building by adding a series of geometric shapes that enhance the appearance of every elevation of the building with a clear and defined style and curated color scheme. 6. The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 7. The Traffic Engineering Division of the Public Works Department has reviewed the application, and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). This exemption addresses construction of accessory structures including on-premise signs. II. The Planning Commission hereby approves CUP 2020-0019 and DR 2020-0019 authorizing enhancement of the exterior facade with geometric graphics for the existing building, subject to the Conditions of Approval contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8t" day of December, 2020. D/o/pc_u-Signedby- AMY MASON DocuSigned by: Chairperson Cuu -4.0 It�i Q QJc sou ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID:09A01F9A-5853-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4413 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 8th day of December, 2020. PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Edocu$1 ned by. eoasnn�ss�aas--- JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 2 EXHIBIT A RESOLUTION NO. 4413 CONDITIONAL USE PERMIT 2020-0019 DESIGN REVIEW 2020-0019 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Signage/mural shall substantially conform to the submitted plans for the project date stamped December 8, 2020, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless a sign permit is issued within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2020-0019 and Design Review (DR) 2020-0019 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) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 As a condition of approval of CUP 2020-0019 and DR 2020-0019, 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 DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 3 any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNAGE (1) 2.1 A sign permit shall be applied for and obtained 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 or master sign plan, pursuant to the Tustin Sign Code. (1) 2.2 All signs/murals shall conform to the approved plans and revert to the City of Tustin Sign Code for any signage not addressed in this application. Minor changes could be made if signs meet the spirit and intent of this approval and are approved by the Community Development Department. (***) 2.3 All signs/murals shall be maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (***) 2.4 All maintenance and repairs to signs/murals shall be at least equal in quality and design to the original signs. (***) 2.5 All areas where wall signs/murals are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30) days of removal of said sign. (***) 2.6 All signs/murals shall be weather and rain resistant, abrasive resistant, peel resistant, non-yellowing and constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (***) 2.7 The proposed graphics are limited to a scene or image and shall not promote a product or business. DocuSign Envelope ID:09A01 F9A-5863-4517-A951-EB7E099C22E2 Resolution No. 4413 Page 4 PLAN SUBMITTAL (5)(3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (2019 California Building Code, California Electrical Code, and California Energy Codes), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 The applicant/contractor is required to submit a Waste Reduction and Recycling Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in the following of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. B. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1) 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 fifty-dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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.