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HomeMy WebLinkAboutPC RES 3825 RESOLUTION NO. 3825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 01-029 FOR AN AMENDMENT TO MASTER SIGN PROGRAM FOR THE MARKET PLACE TO ALLOW PAD TENANTS IN EXCESS OF 12,000 SQUARE FEET TO INCLUDE LOGO SIGNS OF 9.75 SQUARE FEET WITH WINDOW AWNINGS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 01-029 was filed by Martin Ports & Associates on behalf of The Irvine Company to amend the master sign program for The Market Place. B. The proposed project is consistent with the policies of the General Plan land use designation "Community Commercial" which provides for policies and guidelines for commercial development and complies with the Retail Commercial (C-1) zoning district regulations and development standards for permitted and conditionally permitted uses. 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 the Planning Commission considered the project on March, 11,2002. D. The proposed project will not have a negative effect on the surrounding properties in that the proposed amendment to the master sign plan is applicable to pad tenants in excess of 12,000 square feet and therefore would complement the massing and scale of the buildings. E. That the proposed amendment to the 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 of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings. a) The proposed amendment to the sign program to allow Iogos signs is compatible with the overall design theme of The Market Place that contains provision to promote innovative and unique signs. The proposed awning Iogos are to be planned as an integrated part of the building and window design and provide for an alternative sign location. In addition, the logo signs would allow for a consistent use of signs on window awnings throughout the site. Resolution 3825 Page 2 b) The proposed amendment to the master sign plan is associated with the development of pad tenants more than 12,000 square feet in area, where the building size can typically accommodate larger signs. In addition, the proposed 9.75 square foot logo size is compatible with a typical-size window awning for a retail building of this size. c) The proposed awning signs would allow for utilization of materials, colors, and a design motif, which are compatible with individual buildings and reflect the special qualities of the architecture of the building on the site. This project is Categorically Exempt pursuant to Section 15311, Class 11, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 01-029 authorizing an amendment to master sign program for The Market Place to allow pad tenants in excess of 12,000 square feet a maximum area of 9.75 square feet for logo signs on window awnings, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Commission, held on the 11th day of March, 2002. DOUGLASS S. DA~TERT  Chairperson I=LIZABETH A. BINSACK Planning Commission Secretary Planning. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3825 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of March, 2002. ELIZABETH A. ~INSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-029 AMENDMENT TO MASTER SIGN PLAN FOR "THE MARKET PLACE" MARCH 11, 2002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 11, 2002, 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 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, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any grading or building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered 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 01-029 is contingent upon the applicant 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 As a condition of approval of Conditional Use Permit 01-029, 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 SOURCECODES (~) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (7) (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A - Resolution 3825 CUP 01-029 Page 2 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. (1) 1,6 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) 1.8 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. PLAN SUBMITTAL (1) 2.1 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Electrical Code (CEC), City Ordinances, and State and Federal laws and regulations. (5) 2.2 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. All proposed signs shall comply with the approved Master Sign Plan. (5) 2,3 All signs shall conform to the City of Tustin Sign Code including window signs which shall not exceed 25 percent of the glass area upon which the sign is located. (1) 2,4 All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition. (5) 2,5 All signs shall comply with the most current Uniform Building Code, and the National Electrical Code as locally amended. (1) 2.6 All conduit, raceways, crossovers, wiring, ballast boxes, transformers, and other necessary equipment for signs shall be concealed. FEES (1) 3,1 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period Exhibit A- Resolution $825 CUP 01-029 Page 3 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.