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HomeMy WebLinkAboutPC RES 3573! RESOLUTION NO. 3573 !0 !! 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE 'PERMIT 97-026 REQUESTING AN AMENDMENT TO THE MASTER SIGN PLAN TO INCREASE THE SIZE OF PRIMARY AND SECONDARY SIGNS PERMITTED FOR THE PRIMARY TENANT (JEWELRY EXCHANGE) IN THE SHOPPING CENTER ON PROPERTY LOCATED AT 15712 - 15762 TUSTIN VILLAGE WAY. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds ahd determines as follows: A, That a proper application, Conditional Use Permit 97-026, was filed by Goldenwest Diamond Corp., to amend the Master Sign Plan to increase the size of primary and secondary signs permitted for the primary tenant (Jewelry Exchange) in the Shopping center on property located at 15712 - 15762 Tustin Village Way. B . That the proposed signs require approval of a Conditional Use Permit and Master Sign Plan pursuant to Tustin City Code Section 9403h2e. C. That a public hearing was duly called, noticed and held on said application on January 12, 1998, and continued on March 9, 1998 by the Planning Commission. De E . That this project is a categorically exemption pursuant to Section 15311 (Class 11) of the California Environmental Quality Act. That the establishment and maintenance of the sign applied for will not, under the circumstances of this application, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed signs, and will not 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, as evidenced by the following findings: 1) The proposed amendment to the Master Sign Plan, as conditioned, will not be detrimental to, and have a negative effect on, surrounding properties in that the increased size of signage for the primary tenant will be in scale with the existing building in the commercial center. 2) The proposed amendment to permit larger signs for the major tenant, as conditioned, is compatible with uses in the surrounding area in that the increased size of the proposed signs will be consistent with, and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3573 Page 2 proportionate to the existing signs within the center and on neighboring properties. 3) Pursuant to TCC Section 9403(2), master sign programs that are less restrictive than the standard regulations are permitted with the approval of a Conditional Use Permit by the Planning Commission. 4) 5) The proposed amendment will only permit the major tenant occupying three of the tenant spaces to have a larger primary sign. The proposed amendment will not affect the maximum allowable sign for other tenants, therefore the remainder of the commercial center would be conforming to the existing Tustin SiHn Code standards. 6) The proposed primary sign, as conditioned, will appear as one sign. 7) The south elevation of the building facing the elevated section of McFadden Avenue limits the number of secondary signs for the primary tenant. The area of the proposed secondary sign 'is less than the aggregate area of two allowable secondary signs, as specified in Section 9408 of the TCC.' II. The Planning Commission hereby approves Conditional Use Permit 97-026 to amend the Master Sign Plan to increase the size of primary and secondary signs permitted for a major tenant(Jewelry Exchange).in the shopping center on property located at 15712 - 15762 Tustin Village Way. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of March, 1998. HOWARD A. Chairman Planning Commission Secretary 5 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 3573 Page 3 STATE OF CALIFORNIA ) COUNTY OF OR3LNGE ) 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. 3573 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of March, 1998. Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-026 CONDITIONS OF APPROVAL RESOLUTION NO. 3573 GENERAL (1) 1.1 The proposed signs shall substantially conform with the submitted plans for the project date stamped March 9, 1998, 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. (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 building permits for the project, subject to review and approval by the Community Development Department. (1) 1o3 Conditional Use Permit approval shall-become null and void unless permits for the proposed project are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. 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 97-026 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. COMMUNITY DEVELOPMENT (1) 2.1 The nine (9) feet separation between the existing and new portion of the primary sign shall be reduced by either relocating the existing sign or installing the new section closer to the existing, whichever structurally feasible, so that the sign appear as one continuous sign. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3573 Page 2 (1) 2.2 Ail existing signs shall be structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. PLAN SUBMITTAL (4) 3.1 Three (3) sets of plans shall be prepared in accordance with applicable Building and submitted for review and approval by the Community Development Department. Compliance with approved plans shal-1 be inspected by the Community Development Department during construction and prior to final inspection. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: A, All applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. (1) 4.2 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 $38.00 (thirty-eight dollars)' 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.