HomeMy WebLinkAbout03 CUP 06-012
Report to the
Planning Commission
ITEM #3
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DATE:
SEPTEMBER 11, 2006
CONDITIONAL USE PERMIT CUP 06-012
SUBJECT:
PROPERTY OWNER!
APPLICANT:
M2 PROPERTIES, INC.
C/O KEITH YANG
3456 ARDSLEY PLACE
ENCINO, CA 91436
14511 MYFORD ROAD
LOCATION:
GENERAL PLAN:
PLANNED COMMUNITY COMMERCIAUBUSINESS
PLANNED COMMUNITY INDUSTRIAL (PC-IND)
ZONING:
ENVIRONMENTAL
STATUS:
THIS PROJECT IS CATEGORICALLY EXEMPT
PURSUANT TO SECTION 15311 (CLASS 11) OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
REQUEST:
A REQUEST FOR AUTHORIZATION TO
ESTABLISH A MASTER SIGN PLAN FOR THE
TUSTIN FINANCIAL CENTER LOCATED AT 14511
MYFORD ROAD.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4037 approving Conditional
Use Permit 06-012 to authorize the establishment of a master sign plan that
deviates from the standards of the Irvine Industrial Complex Planned Community
and the Tustin Sign Code for the Tustin Financial Center located at 14511 Myford
Road
BACKGROUND
Site and Location
The project that is currently known as the Tustin Financial Center is located at the
northwest corner of Myford Road and Walnut Avenue. The site is surrounded by
office, manufacturing, warehouse, and research and development uses within the
Planning Commission Report
Conditional Use Permit 06-012
Page 2
Irvine Industrial Complex Planned Community District (Attachment A - Location
Map). The site was improved in the late 1970s but has been undergoing intensive
remodeling and tenant improvements since 2000. The existing 85,514 square foot
building consists of concrete tilt up walls in rectilinear alignment inter-dispersed with
tinted windows between etched lines in the concrete walls. (Attachment B - Project
Plans) The building is painted tan with beige accents between the etched lines in
the concrete where the windows are located.
A sign code amendment in 1995 required a master sign program to be provided for
Planned Community districts, but the existing development dates to the 1970s so
no master sign plan currently exists. Master sign plans are currently required for
new projects pursuant to Section 9403g of the Tustin City Code.
The project proponent is proposing four signs that do not comply with the provisions
of the Irvine Industrial Complex Planned Community. Section 9404b6 of the Tustin
City Code allows the Planning Commission to conditionally approve deviations
from the Irvine Industrial Complex Planned Community standards when an
industrial center maintains at least 30,000 square feet of building area.
PROJECT DESCRIPTION
The project proponent is proposing four signs utilizing three different sign types
for the site. Sign Types 1 and 2 are wall signs proposed to be placed on the
building facade. Sign Type 1 consists of a single wall sign on the south and east
elevation of the building (see Attachment B - Project Plans). The two signs would
be 60 square feet and consist of 20 inch high letters and 24 inch high logos on
one line and be limited to 30 feet in width. Sign text would consist of halo
illuminated reverse pan channel letters. No sign cans would be allowed.
Sign Type 2 consists of one wall sign of 30 square feet on the east elevation of
the building. The Type 2 sign utilizes the same letter and logo height as the Type
1 signs but is limited to 15 feet in width.
Sign Type 3 would be a six foot high monument sign that is 10 feet wide for a
maximum area of 60 square feet. The monument sign would incorporate the
center name at the top of the sign utilizing six inch high dark bronze colored
acrylic text recessed into an 8Y2 foot by 15 inch "dull aluminum" colored panel.
Four tenant spaces would be identified on the sign in the same manner as the
center name but text would be limited to approximately four inches in height.
Two additional tenants could maintain business identification on the sign in the
future. The monument sign would maintain an "earth tone" colored mosaic slate
veneer base that supports an aluminum sign can painted an "old copper" color.
The "dull aluminum" text supportive paneling would be mounted on the sign can.
The proposed master sign plan contains provisions for the ongoing maintenance
of installed signs and requires tenants to remove signs upon lease termination.
However, the proposed master sign plan does not contain provisions to ensure
Planning Commission Report
Conditional Use Permit 06-012
Page 3
that the owner is ultimately responsible for returning the building surface to a
seamless appearance matching that of the adjacent building wall once the signs
are removed. Staff proposes Condition 2.1 to address this matter.
None of the proposed signs comply with the sign specifications of the Irvine
Industrial Complex Planned Community (IICPC) District. Only the monument
sign complies with the provisions of the Tustin Sign Code. A chart of what is
being proposed versus what is currently allowed by the Irvine Industrial Complex
Planned Community standards and the Tustin Sign Code is provided in the chart
below. The bold italic text indicates requested deviations from either the IICPC
standards or the Tustin Sign Code regulations.
Sign Type IICPC Tustin Sign Code Proposed Signs
Wall signs Professional Office
(Types 1 &2) standards used
. Height . 6 inches . 16 inches, first floor . 20 inches for text
only, and no higher 24 inches for logo,
than 20 feet both higher than 20
feet.
. Width . Silent' . 12 feet . 30 feet for Type 1
15 feet for Type 2
. Area . 5 square feet . 6 square feet . 60 s.f. Type 1
30 s.f. Type 2
. Number . 1 per street face . 1 per tenant . 3 total. 2 on one
street face. Could
be for same tenant
. Text lines . Silent' . Silent2 . 1 line of text
. Content . Company Name . Name address and . Silent'
only lawful use of
premises on Iv
Monument Professional Office
(Type 3) . standards used
. Height . 4feet . 6 feet . 6 feet
. Width . Silent' . Silent" . 10 feet
. Area total . 200 square feet . 75 square feet . 60 square feet
. Area per . Silent' . 6 square feet . 3 square feet
tenant
. Number . 1 per street face . 1 per building . 1 monument
entrance
. Text lines . Silent' . Silent" . 1 line
. Content . person, firm, . Building . Silent'
company, Identification, name,
corporation, or address, and lawful
products sold3 uses of premises
onlv
, . When planned community regulations or proposed sign programs are silent with regard to any
sign aspect, the Tustin City Code is deferred to.
2 Subject to Planning Commission policy.
3 Products sold is not permitted by the Tustin City Code unless part of the business name. The
Tustin City Code must prevail over the IICPC standard.
Planning Commission Report
Conditional Use Permit 06-012
Page 4
FINDINGS
In determining whether to approve the Conditional Use Permit, staff has prepared
the findings below that the Planning Commission may use to determine that the
proposed master sign program will not be detrimental to the health, safety, morals,
comfort, and general welfare of the persons residing in or working in the
neighborhood, and that the master sign program will not be injurious or detrimental
to property or improvements in the vicinity, or to the welfare of the City. Should the
Planning Commission choose to deny the proposal or any aspects of the proposal,
alternative findings would need to be provided which staff would need to return to
the Planning Commission in a revised resolution at a later date.
Staff recommends that the Planning Commission approve the request based upon
the following findings:
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 Irvine Industrial Complex Planned Community standards
and the Tustin Sign Code provided that the project is located within a center
with at least 30,000 square feet of building area. The industrial center
meets the criteria in that it contains 85,514 square feet of building area.
2. Section 9403.h.2 of the Tustin City Code establishes five criteria (a-e) that
must be met for master sign plans. The proposed master sign plan would
meets those criteria as follows:
(a) The signs would reflect a common theme, incorporating design
elements in terms of materials, letter styles, colors, illumination, sign
type and sign shape in that all on-building signs would consist of
illuminated reverse pan channel letters, would be limited to heights
two feet or under, would be limited to the same font or optional
corporate trademark, and would be limited to the locations of an
approved master sign plan. The monument sign utilizes the same
colors and materials for the center identification and each tenant,
only channel letter encased in aluminum panels would be utilized,
and the same "dark bronze" color would be utilized for all letters
which matches the mosaic slate earth tone colored sign base.
(b) Signs would utilize materials, colors, and a design motif which are
compatible and which reflect the special qualities of the architecture
of the building on the site in both daytime and nighttime situations
in that all on-building signs would consist of a seamless aluminum
frame painted "old copper" which should enable all sign casings to
be camouflaged within the building's existing color, all channel
letters would not project more than three and a half inches from the
building, no signs would occupy more than half of percent of any
building elevation, and signs would be limited to 30 feet or less in
Planning Commission Report
Conditional Use Permit 06-012
Page 5
width. The monument sign materials would not necessarily match
the concrete tilt up construction of the building but would match the
building's earth tone colors. The monument sign would match the
industrial architecture of the building with dominant aluminum
paneling.
(c) The existing building contains no signs; therefore, the master sign
plan does not require designation of signs to be replaced to enable
existing signs to be consistent with the master sign plan.
(d) The master sign plan designates the property owner and/or
designated manager as the primary liaison with the City for all sign
permit requests. As indicated in the master sign plan, the property
owner and/or designated manager would not allow the tenant to
place signs on the building without first verifying that the proposed
signs conform to the approved master sign plan.
(e) Because the center is a single development project 85,514 square
feet in area, the Planning Commission may approve a conditional
use permit allowing the master sign plan to deviate from the
specific standards for permanent business identification.
3. Sign size and placement restrictions of the Tustin Sign Code and the
intent and purpose of the sign regulations for the Irvine Industrial Complex
Planned Community District are followed as closely as practicable in that
two (2) sixty square feet and one (1) 30 square feet on-building signs is
not unreasonable given that the building is 85,514 square feet and uniform
design standards are established for all the signs, which should ensure
that the signs are compatible and complement the building architecture.
4. There are special circumstances unique to the property to justify the
variations from the Tustin Sign Code and Irvine Industrial Complex
Planned Community standards as follows:
. The on-site building size and amount of wall area merits the
placement of on-building signs in the size and locations requested
because the signs will appear to be in proportion with the building
and will enhance identification of the building use or tenant.
. The number of on-building signs is appropriate because the
building is 85,514 square feet in area and could contain several
tenants.
. The building maintains two (2) street fronts.
. Signs of comparable size are allowed for single tenant buildings by
the IICPC standards and the Tustin City Code.
. The monument sign complies with the Tustin Sign Code and meets
the intent of the IICPC standards in that the request is to allow the
sign height to increase from four (4) to six (6) feet tall which will
allow greater tenant identification to passing vehicular traffic.
Planning Commission Report
Conditional Use Permit 06-012
Page 6
5. Granting of the permit will not have a negative impact on surrounding
properties, would promote public health, safety, welfare and aesthetics of
the community, and would meet the findings and intent of the Tustin Sign
Code in that the proposed signs would be subject to the adopted sign
program that will ensure the signs are constructed from quality materials,
are of unique design, are placed in appropriate locations, and are
maintained.
(JU G :ttu~r
Orltie
Associate Planner
a~~~
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Location Map
B. Submitted Plans
C. Resolution No. 4037
ATTACHMENT A
LOCATION MAP
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LOCATION MAP
CUP 06-012
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14511 MYFORD ROAD
ATTACHMENT B
PROJECT PLANS
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ATTACHMENT C
RESOLUTION NO. 4037
RESOLUTION NO. 4037
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING CONDITIONAL USE PERMIT 06-012 FOR
ESTABLISHING A MASTER SIGN PLAN THAT DEVIATES FROM THE
STANDARDS OF THE IRVINE INDUSTRIAL COMPLEX PLANNED
COMMUNITY AND THE TUSTIN SIGN CODE FOR THE TUSTIN
FINANCIAL CENTER LOCATED AT 14511 MYFORD ROAD.
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 06-012, was filed by M2
Properties, Inc., requesting authorization to establish a master sign plan
that deviates from the standards of the Irvine Industrial Complex Planned
Community and the Tustin City Code for the Tustin Financial Center located
at 14511 Myford Road. The master sign plan deviates from the Irvine
Industrial Complex Planned Community standards by allowing on-building
sign text greater than six (6) inches, on-building signs greater than five (5)
square feet, establishing more than one (1) on-building sign per street face,
and allowing a monument sign greater than four (4) feet tall. The master
sign plan modification deviates from the Tustin City Code by allowing on-
building signs with text greater than 16 inches, on-building sign placement
above 20 feet high, on-building signs greater than 12 square feet, and more
than one sign per street front.
B. That the proposed master sign plan is consistent with the Tustin General
Plan in that the property is designated as "Planned Community
Commercial/Business" and allows for business uses and their supporting
signs. In addition, the project has been determined to be consistent with
the Air Quality Sub-Element of the City of Tustin General Plan since the
addition of signs will not affect air quality.
C. The project is located within the Planned Community Industrial "PC-IND"
zoning district where signs supporting permitted uses in centers are allowed
with a master sign program.
D. Section 9403.h.2 of the Tustin City Code establishes five criteria (a-e) that
must be met for master sign plans. The proposed master sign plan would
meet those criteria as follows:
(a) The signs would reflect a common theme, incorporating design
elements in terms of materials, letter styles, colors, illumination,
sign type and sign shape in that all on-building signs would consist
of illuminated reverse pan channel letters, would be limited to
Resolution No. 4037
Page 2
heights two feet or under, would be limited to the same font or
optional corporate trademark, and would be limited to the locations
of an approved master sign plan. The monument sign utilizes the
same colors and materials for the center identification and each
tenant, only channel letter encased in aluminum panels would be
utilized, and the same "dark bronze" color would be utilized for all
letters which matches the mosaic slate earth tone colored sign
base.
(b) Signs would utilize materials, colors, and a design motif which are
compatible and which reflect the special qualities of the
architecture of the building on the site in both daytime and
nighttime situations in that all on-building signs would consist of a
seamless aluminum frame painted "old copper" which should
enable all sign casings to be camouflaged within the building's
existing color, all channel letters would not project more than
three and a half inches from the building, no signs would occupy
more than half of percent of any building elevation, and signs
would be limited to 30 feet or less in width. The monument sign
materials would not necessarily match the concrete tilt up
construction of the building but would match the building's earth
tone colors. The monument sign would match the industrial
architecture of the building with dominant aluminum paneling.
(c) The existing building contains no signs; therefore, the master sign
plan does not require designation of signs to be replaced to
enable existing signs to be consistent with the master sign plan.
(d) The master sign plan designates the property owner and/or
designated manager as the primary liaison with the City for all
sign permit requests. As indicated in the master sign plan,the
property owner and/or designated manager would not allow the
tenant to place signs on the building without first verifying that the
proposed signs conform to the approved master sign plan.
(e) Because the center is a single development project 85,514
square feet in area, the Planning Commission may approve a
conditional use permit allowing the master sign plan to deviate
from the specific standards for permanent business identification.
E. That a public hearing was duly called, noticed, and held for said application
on September 11, 2006, by the Planning Commission.
Resolution No. 4037
Page 3
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:
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 Irvine Industrial Complex Planned
Community standards and 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. The industrial center meets the criteria
in that it contains 85,514 square feet of building area.
2) Sign size and placement restrictions of the Tustin Sign Code and
the intent and purpose of the sign regulations for the Irvine
Industrial Complex Planned Community District are followed as
closely as practicable in that two (2) sixty square feet and one (1)
30 square feet on-building sign is not unreasonable given that the
building's large size (85,514 square feet), no sign would occupy
more than half a percent of any building wall, and uniform design
standards are established for all the signs, which should ensure
that the signs are compatible and complement the building
architecture.
3) There are special circumstances unique to the property to justify
the variations from the Tustin Sign Code and Irvine Industrial
Complex Planned Community standards as follows:
a) The on-site building size and amount of wall area merits the
placement of on-building signs in the size and locations
requested because the signs will appear to be in proportion with
the building and will enhance identification of the building use or
tenant.
b) The number of on-building signs is appropriate because the
building is 85,514 square feet in area and could contain several
tenants.
c) The building maintains two (2) street fronts.
d) Signs of comparable size are allowed for single tenant buildings
by the IICPC standards and the Tustin City Code.
e) The monument sign complies with the Tustin Sign Code and
meets the intent of the IICPC standards in that the request is to
allow the sign height to increase from four (4) to six (6) feet tall
which will allow greater tenant identification to passing vehicular
traffic.
Resolution No. 4037
Page 4
4) Granting of the permit will not have a negative impact on
surrounding properties, would promote public health, safety,
welfare and aesthetics of the community, and would meet the
findings and intent of the Tustin Sign Code in that the proposed
signs would be subject to the adopted sign program that will ensure
the signs are constructed from quality materials, are of unique
design, are placed in appropriate locations, and are maintained.
G. That this project is Categorically Exempt pursuant to Section 15311 (Class
11) of the California Environmental Quality Act.
II. The Planning Commission hereby approves CUP 06-012 allowing a master sign
plan for the Tustin Financial Center which contains deviations from the Irvine
Industrial Complex Planned Community standards by allowing on-building sign text
greater than six (6) inches, allowing on-building signs greater than five (5) square
feet, allowing more than one (1) on-building sign per street face, and allowing a
monument sign greater than four (4) feet tall. The master sign plan also deviates
from the Tustin City Code by allowing on-building signs with text greater than 16
inches, on-building sign placement above 20 feet high, on-building signs greater
than 12 square feet, and more than one sign per street front. Planning
Commission approval is 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 11th day of September, 2006.
BRETT FLOYD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4037
Page 5
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. 4037 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 11 th day of September, 2006.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 06-012
GENERAL
(1) 1.1 All signs shall substantially conform to the master sign plans date stamped
September 11, 2006, 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 06-012 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 06-012, 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 CODEtS
(4) DESIGN REVIEW
... EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PClCC POLICY
Exhibit A - Conditions of Approval
Resolution 4037
Cup 06-012
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.
USE RESTRICTIONS
...
2.1
The property owner must ensure that any demarcation(s), void(s), projection(s),
or discoloration(s) on the building and monument sign resulting from installation
and subsequent removal of any tenant sign is repaired in a seamless manner
so that the damaged area(s) matches the materials, finish, and color of the
adjacent building walls and monument sign surfacers). Within thirty (30) days
of a tenant vacating the building, all signs shall be removed and repaired to
the satisfaction of the Community Development Director.
FEES
(1 )(5) 3.1
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 permit plan check and permit fees to the Community Development
Department based on the most current schedule.
(2) 3.2 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.