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HomeMy WebLinkAboutPC RES 4171RESOLUTION NO. 4171 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-06 AUTHORIZING AN AMENDMENT TO THE TUSTIN AUTO CENTER MASTER SIGN PLAN TO INCREASE SIGN AREA, SIGN LETTERING SIZES, AND MONUMENT SIGN HEIGHT FOR THE TUSTIN AUTO CENTER LOCATED AT 1 - 50 AUTO CENTER DRIVE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 2011-06, was filed by Diego Tustin LLC, requesting authorization to amend the master sign plan and increase sign area, letter/logo height, and monument sign height for the Tustin Auto Center located at 1 - 50 Auto Center Drive. The Tustin Auto Center Association has approved the proposed amendments and authorized submittal of the application. 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 the Tustin Auto Center master sign plan was originally approved by the Planning Commission on June 9, 1986 through the adoption of Resolution No. 2343. The master sign plan has since been amended by the Planning Commission through the adoption of Resolution Nos. 2654 and 3904. D. That a public hearing was duly called, noticed, and held for said application on April 12, 2011, by the Planning Commission. E. 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: The proposed amendments to the Tustin Auto Center master sign plan comply with the review criteria for master sign plans contained within Section 94031.2 of the Tustin City Code. The Tustin Auto Center consists of twelve (12) dealerships on approximately fifty (50) acres. Resolution No. 4171 Page 2 2. The Tustin Auto Center is a unique facility within the City which requires flexibility in sign design for marketing purposes. 3. The proposed amendments would allow flexibility for dealerships within the Tustin Auto Center while still providing coordinated sign design which is subject to the review and approval of the Auto Center Association and the City of Tustin. F. 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 2011-06 authorizing an amendment to the master sign plan to increase the sign area and monument sign height for the Tustin Auto Center located at 1 - 50 Auto Center Drive, subject to the conditions contained within Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12t" day of April, 2011. 7 ~~-C~_ ~~ ELIZABETH A. BINSACK Planning Commission Secretary JE THOMPSON Chairperson 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. 4171 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 12t" day of April, 2011. ~~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4171 CONDITIONAL USE PERMIT 2011-06 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Signage shall conform with the submitted master sign plan for the Tustin Auto Center date stamped April 12, 2011, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may approve modifications to the master sign plan that deviate from the City Sign Code. Such modifications shall be accompanied with findings to support said decision. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 As a condition of approval of Conditional Use Permit 2011-06, 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. (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 Sign permits shall be obtained from the City of Tustin prior to the installation of signage. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4171 Page 2 FEES (2) 2.1 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 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.