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HomeMy WebLinkAboutPC RES 35641 RESOLUTION NO. 3564 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-021 AUTHORIZING AN AMENDMENT TO THE TUSTIN PLAZA MASTER SIGN PLAN TO INSTALL ONE (1) CENTER/TENANT IDENTIFICATION MONUMENT SIGN 15 FEET IN HEIGHT, INSTALL EXPOSED NEON AROUND THE PERIMETER OF CERTAIN BUILDINGS WITHIN THE CENTER, AND MODIFY THE PARKING LOT TO CREATE ADDITIONAL PARKING SPACES IN THE INTERIOR OF THE CENTER ON THE PROPERTY LOCATED AT 13681 - 13791 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: a. That a proper application, Conditional Use Permit 97-021, was filed by Bryant-Palmer-Soto, Inc., on behalf of the property owner, Tustin Plaza Holdings, LLC., to amend the Tustin Plaza Master Sign Plan to install one (1) center/tenant identification monument sign 15 feet in height, install exposed neon around the perimeter of certain buildings within the center, and modify the parking lot to create additional parking spaces in the interior of the center on the property located at 13681 - 13791 Newport Avenue. B . That the proposed sign is allowed with the approval of a Conditional Use Permit and Master Sign Plan pursuant to Tustin City Code Section 9403h2e. C o That the proposed neon is allowed with approval by the Planning Commission pursuant to Tustin City Code Section 9404c2. That a public hearing was duly called, noticed and held on said application on November 24, 1997, by the Planning Commission. E . 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, 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, as evidenced by the following findings: 1) The proposed sign will not be detrimental to, or have a negative effect on, surrounding properties in that the monument sign will increase visibility for tenants within the center. The height of the sign is appropriate given the lower elevation of 10 !1 12 13 14 15 16 17 18 i9 2O 21 22 23 24 25 26 27 28 Resolution No. 3564 Page 2 the parking lot from Newport Avenue and the existing landscaped parkway and off-street bike trail which reduces the view of the sign from the travelway. The sign will appear in scale with the project given the distance between the sign and travelway of Newport Avenue. 2) The proposed sign, as conditioned, is compatible with uses in the surrounding area in that the location, size, and fabrication of the proposed sign is consistent with, and complements, the existing signs and architecture of the center. 3) The use of exposed neon is designed to be an integral component of the building architecture and will not impact residential properties. F o Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the proposed parking lot modifications will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that, as conditioned, the improvements are consistent with the City's Parking Lot Design Standards and Landscaping and Irrigation Guidelines and will increase the availability of parking in high demand areas in front of tenant spaces. That 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 5he Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit 97-021 to amend the Tustin Plaza Master Sign Plan to install one (1) center/tenant identification monument sign 15 feet in height, install exposed neon around the perimeter of certain buildings within the center, and modify the parking lot to create additional parking spaces in the interior of the center on the property located at 13681 - 13791 Newport Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day November, 1997. EBIgABETH ~. BINS~CK Planning Comm±$s±~n Secretary 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3564 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 Planning Commission of the City of Tustin, California; that Resolution No. 3564 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of November, 1997. ~IZAB-ETH A. ~IN~AdK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-021 CONDITIONS OF APPROVAL RESOLUTION NO. 3564 GENERAL (1) 1.1 The proposed signs shall substantially conform with the submitted plans for the project date stamped November 24, 1997, 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 Tustin Plaza Master Sign Plan. (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) 1.3 The subject project approval shall become null and void unless permits 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 97-021 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. PLAN SUBMITTAL (4) 2.1 Three (3) sets of construction level plans with necessary structural calculations, specifications, and details prepared in accordance with the Uniform Building Code, and other related Codes, City Ordinances, and state and federal laws and regulations shall be submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. 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 - Conditions of Approval Resolution No. 3564 Page 2 (4) 2.2 The sign, including the foundation, shall be located inside the property and no part shall extend beyond the property line. LANDSCAPING (6) 3.1 Landscaping and irrigation plans shall be submitted for the affected areas of the site, identifying the types, sizes, and locations of plant material consistent with the City's Landscaping and Irrigation Guidelines, subject to final approval of the Community Development Department. (4) 3.2 The existing Date Palm located in the Southerly planter adjacent to the store fronts shall be relocated or replaced in the modified planter with an alternative tree species as approved by the Community Development Department. An additional Date Palm or approved alternate shall be provided in the northerly planter to match the southerly planter. NOISE (1) 4.1 Ail construction operations including engine warm-up shall be subject to the provisions of the City of Tustin Noise Ordinance, as .amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. Exhibit A - Conditions of Approval Resolution No. 3564 Page 3 m o Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) 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.