Loading...
HomeMy WebLinkAboutPC RES 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. ~ ~ .. '1' ;; . 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 arch itectu re. 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 "CPC standards and the Tustin City Code. e) The monument sign complies with the Tustin Sign Code and meets the intent of the "CPC 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 m,,'"" 00 the 11th de, of S,_oo" 2006. ~. _-' B mf,!tf- Chairperson &;:?M~ /{~~4: 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 11th day of September, 2006. a~~.4~A~~~ 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, conceming 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 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 50 that the damaged area(s) matches the materials, finish, and color of the adjacent building walls and monument sign surface(s). 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.