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HomeMy WebLinkAboutPC RES 4120RESOLUTION NO. 4120 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09- 001 AUTHORIZING THE AMENDMENT OF A MASTER SIGN PLAN FOR THE TUSTIN CORPORATE CENTER LOCATED AT 2472, 2492, 2512 AND 2552 WALNUT AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 09-001, was filed by Tustin Corporate Center LLC., requesting authorization to amend the master sign plan for the Tustin Corporate Center located at 2472, 2492, 2512 and 2552 Walnut Avenue. 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 zoned Planned Community Commercial which 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 July 14, 2009, by the Planning Commission. D. That 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 9403h 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 9403i.2(e) of the Code, master sign plans for projects with at least 30,000 building square feet or one (1) acre in project size may deviate from the standards set forth in the City of Tustin Sign Code. The Tustin Corporate Center has approximately 114,000 building square footage and meets the necessary threshold to request deviations from the Sign Code. 2. The requested deviations from the City Sign Code are minor and keep the proposed signs within the context and scale of the buildings and surrounding uses. Signs will be appropriately visible while at the same time maintaining the visual quality of the site. Resolution No. 4120 Page 2 3. The proposed master sign plan for the Tustin Corporate Center 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 fonts, sizing restrictions, and halo lit reverse pan channel lettering for office buildings. 5. The maintenance and removal of any future signs for the Tustin Corporate Center 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 09-001 authorizing the amendment of a master sign plan that deviates from the City of Tustin Sign Code for the Tustin Corporate Center located at 2472, 2492, 2512 and 2552 Walnut Avenue. ~ PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14t" day of July, 2009. ,. ,~ -._~ CHARLES E. PUCKETT Chairperson ELIZABETH A. BIN K Planning Commission Secretary Resolution No. 4120 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. 4120 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 2009. ~Q----,~ ~ ~ r1L---- ELIZABETH A. BINSAC Planning Commission Secretary EXHIBIT A RESOLUTION N0.4120 CONDITIONAL USE PERMIT 09-001 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on July 14, 2009, 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 09-001 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 09-001, 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 CODES (7) (4) DESIGN REVIEW *'~* RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4120 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (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 require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. At the time of sign permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Electrical Code (CEC), 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations (5) 2.2 All signs shall conform to the Tustin Corporate Center master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in the Tustin Corporate Center master sign plan. (5) 2.3 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) 2.4 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 with a graffiti resistant finish. *~ 2.5 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 to make such repairs. All signs shall be removed within forty-five (45) days of a tenant vacating the premises. (1) 2.6 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 (for freestanding signs over four (4') feet in height. • Two (2) copies of Title 24 energy calculations for illuminated signs. Exhibit A Resolution No. 4120 Page 3 (1) 2.7 The applicant shall identify the limited use areas for access onto public streets. Sight lines, as applicable to either the 25' x 25' triangle or City Standard 510, shall be shown on the site plan in order to identify the limited use areas. (1) 2.8 All monuments signs shall be located on private properly and be located in such a manner as not to block vehicle and/or pedestrian visibility. Monument signs shall not be placed within the public right-of-way, unless approved by the City. All signs proposed along future Tustin Ranch Road shall comply with the Official Plan Line (ultimate right-of--way) and all setbacks shall be measured from such line. (4) 2.9 The existing monument sign located on Walnut Avenue is inconsistent with the proposed master sign plan and will need to be removed. The existing cabinet sign located at the entrance of Building 4 (2492 Walnut) is also inconsistent with the proposed master sign plan and will need to be replaced. The two aforementioned signs shall be removed within one hundred and eighty (180) days of approval of the proposed master sign plan and no new sign permits will be issued until such removal. (1) 2.10 All sign lighting shall be designed and located to confine direct rays and glare to the boundaries of the project. No lighting shall blink, flash, move, or be of unusually high intensity or brightness. 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.