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HomeMy WebLinkAboutPC RES 4085RESOLUTION NO. 4085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07- 024 AUTHORIZING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE TUSTIN FINANCIAL PLAZA LOCATED AT 17772, 17782, 17822, 17852, AND 17862 E. 17T" ST. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 07-024, was filed by Sign Specialists Corporation on behalf of GRE Tustin Financial, LLC., requesting authorization to establish a master sign plan for the Tustin Financial Plaza located at 17772, 17782, 17822, 17852, and 17862 E. 17T" Street. The master sign plan will deviate from the City of Tustin Sign Code in allowable sign square footage by up to forty-eight (48) square feet, in maximum height by one foot and two inches (1'2"), in allowing individual business identification monument signs, and in sign spacing between monument signs by twelve (12) feet less than required. 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 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. C. That a public hearing was duly called, noticed, and held for said application on March 11, 2008, by the Planning Commission. D. That the establishment of the proposed master sign plan will not, under the circumstances of this case, 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. Section 9403g of the Tustin Municipal Code requires a master sign plan for developments located within a specific plan or planned community district. The project site is located within a planned community zoning district and pursuant to Section 9403h.2 of the Code, master sign plans for projects with at least 30,000 building square feet may deviate from the standards set forth in the City of Tustin Sign Code. The Tustin Financial Plaza has approximately 190,000 building square footage and meets the necessary threshold to request deviations from the Sign Code. Resolution No. 4085 Page 2 2. The requested deviations from the City Sign Code are minor and keep the proposed signs within the context and scale of the building and surrounding uses. Signs will be appropriately visible while at the same time maintaining the visual quality of the site. 3. The proposed master sign plan for the Tustin Financial Plaza will provide coordinated and quality sign design in a center that will require a large number of signs. 4. The proposed master sign plan incorporates a common design theme through the use of common materials, uniform font, sizing restrictions, and reverse pan channel halo lighting. 5. The maintenance and removal of any future signs for the Tustin Financial Plaza is adequately addressed in the proposed master sign plan and conditions of approval. 6. The proposed signs meet visual clearance requirements as outlined in the City of Tustin Sign Code and approved by the Public Works Department. E. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 07-024 authorizing the establishment of a master sign plan that deviates from the City of Tustin Sign Code for the Tustin Financial Plaza located at 17772, 17782, 17822, 17852, and 17862 E. 17T" Street. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of March, 2008. ~~ JO~I,D4 NIELSEN C~ ~ (/~ Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4085 Page 3 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. 4085 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of March, 2008. ,~f ~ . ~~~~ ~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4085 CONDITIONAL USE PERMIT 07-024 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on March 11, 2008, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Director may also approve minor modifications to plans 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, all 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 of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 07-024 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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.4 As a condition of approval of Conditional Use Permit 07-024, 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 (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4085 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 by ordinance. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1) 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code, the National Electric Code and the Tustin City Code Section 9404(A)(1) as adopted by the City (including UL approvals). (1) 2.2 All signs require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. (5) 2.3 All signs shall conform to the Tustin Financial Plaza master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in the Tustin Financial Plaza master sign plan. E (5) 2.4 All signs shall be structurally safe and 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. (5) 2.5 All signs shall be constructed of anon-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. Signs shall also be constructed of anon-reflective material. *~ 2.6 Should any sign be removed, it shall be the property owner's responsibility to ensure that the tenant repairs all damaged areas to match the finish and color of the adjacent surfaces. If the tenant fails to repair damaged areas from the removed sign(s), it shall be the responsibility of the property owner. (1) 2.7 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations Exhibit A Resolution No. 4085 Page 3 (1) 2.8 Building plan check submittal shall include the following: • Four (4) sets of construction plans, including electrical plans and details. • Two (2) copies of structural calculations (far freestanding signs over four (4') feet in height. • Two (2) copies of Title 24 energy calculations for illuminated signs. FEES (1) 3.1 Prior to issuance of any sign permits, all payments shall be made of all applicable fees including the building division and sign permit fees. Payment shall be required based on upon those rates in effect at the time of payment and are subject to change. (1) 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 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 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.