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HomeMy WebLinkAboutPC RES 4104RESOLUTION NO. 4104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-013 AUTHORIZING THE ESTABLISHMENT OF A MASTER SIGN PROGRAM FOR PROSPECT VILLAGE LOCATED AT 191 E MAIN STREET, 272, 276, 280, 284, 288, AND 292 PROSPECT AVENUE, AND 270, 274, 278, 282, 286, AND 290 PROSPECT PLACE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 08-013 was filed by Outdoor Dimensions, on behalf of Prospect Village L.P. and Pelican Properties, requesting authorization to establish a master sign program for Prospect Village, located at 191 E Main Street, 272, 276, 280, 284, 288, and 292 Prospect Avenue, and 270, 274, 278, 282, 286, and 290 Prospect Place. B. The project is located within the Planned Community "PC" zoning district, which requires a master sign program, and is subject to the Prospect Village Planned Community District Standards, which allows projecting signs to extend beyond the property line over the public right-of-way, provided adequate height clearance is maintained, subject to approval of the Community Development Department and the City Engineer, and obtaining an encroachment permit from the Public Works Department, when applicable. C. The master sign plan encourages coordinated and quality design and will deviate from the City of Tustin Sign Code in allowing projecting (blade) signs. The City of Tustin Sign Code, Section 9404a.1(o), prohibits projecting signs, unless specifically permitted by the zoning district in which the sign is located. D. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as "Old Town Commercial" 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. E. A public hearing was duly called, noticed, and held for Conditional Use Permit 08-013 on November 12, 2008, by the Planning Commission. Resolution No. 4104 Page 2 F. 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 detriments( 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 9403h of the Tustin Municipal Code requires a master sign plan for developments located within a Planned Community district. The project site is located within a Planned Community zoning district. 2. The proposed master sign program complies with Tustin City Code Section 94031.1 in that the signs are consistent throughout the site, incorporate common design elements, are compatible with and bear a harmonious relationship to the visual image and architectural design of the building and surrounding areas, and relate to a human scale. 3. Section 94031.2 of the Tustin City Code establishes criteria (a-e) that must master sign plans must meet. The proposed master sign plan would meet this criteria as follows: r (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 blade signs would be one of two shapes, mounted using matching brackets, and be made using the same materials and colors, and all other signs would be made and mounted using similar materials. All signs would be limited to the location approved in the master sign plan. (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 blade signs would be pedestrian oriented, of an appropriate size and scale to the building, and similarly mounted using an aluminum mounting bracket and scroll that is compatible with other architectural details currently existing in the buildings. (c) The existing buildings contain no permanent 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 homeowner's association as the primary liaison with the City for approval of the master sign plan and designates the ~ live/work or commercial tenant as the party responsible for obtaining all required sign permits from the City. As indicated in the master sign plan, the property owner and/or Resolution No. 4104 Page 3 homeowners association would not allow a tenant to place signs on the building without first verifying that the proposed signs conform to the approved master sign plan and have all required permits from the City. (e) Because the site is 1.036 acres in size, the Planning Commission may approve a conditional use permit allowing the master sign plan to deviate from the specific standards for permanent business identification. 4. The requested deviation from the City Sign Code is minor and keeps 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. 5. The proposed master sign plan for Prospect Village will provide coordinated and quality sign design in a development that will require a large number of signs and where uncoordinated and mismatched signs would detract from the visual quality of the development. 6. The maintenance and removal of any future signs at Prospect Village are adequately addressed in the proposed master sign plan. 7. The Tustin Community Redevelopment Agency and the City's Public Works Department have reviewed and concur with the proposed sign program. G. 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 08- 013 authorizing the authorizing the establishment of a master sign program for Prospect Village located at 191 E Main Street, 272, 276, 280, 284, 288, and 292 Prospect Avenue, and 270, 274, 278, 282, 286, and 290 Prospect Place, subject to conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of November, 2008. ~- ~~~ CHARLES E. PUCKETT Chairperson ELIZABETH INSACK 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. 4104 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 12t day of November, 2008. ~~ d'~--- 6b /' ELIZABETH A. SACK Planning Commission Secretary E~ E ~_ EXHIBIT A RESOLUTION N0.4104 CONDITIONAL USE PERMIT 08-013 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on November 12, 2008, 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 subsequent minor modifications to plans during plan check if such modifications are 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 This approval shall become null and void if no sign permits for Prospect Village are 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 08-013 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 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 City Council ordinance. (1) 1.6 As a condition of approval of Conditional Use Permit 08-013, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval Resolution No. 4104 -Exhibit A CUP 08-013 Page 2 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 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. SIGNS (1) 2.1 At the time of sign permit application, the plans and calculations shall comply with the 2007 California Building Code (CBC), 2007 California Electrical Code (CEC), City Ordinances, and State and Federal laws and regulations. (1) 2.2 All signs require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. (1) 2.3 All signs requiring a building permit shall obtain a Certificate of Appropriateness prior to permit issuance. (3) 2.4 Blade signs attached to the building facade shall be engineered to resist lateral and horizontal loads. (3) 2.5 All electrical components of the signs shall be UL listed and have shut off switch. (3) 2.6 All signs encroaching onto the public right of way shall conform to section 3202.3.1 of the 2007 CBC limitations and are subject to an encroachment permit from the City of Tustin Public Works Department. (3) 2.7 At the time of application for sign permit, the applicant shall provide Title 24 Energy calculations for all illuminated signs. (1) 2.8 All signs shall conform to the Prospect Village master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in the Prospect Village master sign plan. (1) 2.9 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 Conditions of Approval Resolution No. 4104 -Exhibit A CUP 08-013 Page 3 hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1) 2.10 The property owner shall ensure that any demarcation, void, or projections on the building resulting from installation and subsequent removal of any tenant sign is repaired in a seamless manner so that the damaged area matches the materials, finish, and color of the adjacent building's wall surfaces. 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) 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 upon those rates in effect at the time of payment and are subject to change. (1,5) 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 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.