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HomeMy WebLinkAboutPC RES 338410 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3384 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 95-003, AUTHORIZING AN AMENDMENT TO A MASTER SIGN PLAN AND PERMITTING AN INCREASE IN THE SIGN AREA OF A POLE SIGN TO 205.5 SQUARE FEET AT TUSTIN HEIGHTS CENTER LOCATED AT 1076-1222 IRVINE BOULEVARD. The Planning Commission of the City of Tustin does hereby resolve as follows: I . The Planning Commission finds and determines as follows: a. A proper application for Conditional Use Permit 95-003 was filed by The RREEF Funds requesting approval of an amendment to the Master Sign Plan for Tustin Heights Center. The amendment is a request to forego construction of a previously approved second 6-foot high monument sign, and, pursuant to Sign Code Section 9403h2(e), to deviate from Tustin City Code Section 940462, allowing an increase in sign area of an existing 30-foot high pole sign from 160 square feet per face to 205.5 square feet per face. o That the proposed use of a pole sign is allowed within the Retail Commercial (C-i) District for shopping centers having at least 100,000 square feet in building area with a minimum of 3 tenants, with the approval of a Conditional Use Permit; C . That a public hearing was duly called, noticed and held on said application on September 11, 1995 by the Planning Commission. m . That the establishment, maintenance and operation of the use applied for 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 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: 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 3384 Page 2 E o o The height and shape of the pole sign will not change, and will not appear any different, except at close range. In effect, the proposed modification does little more than close 4.5 feet of air space between the pole supports of the sign. Minor increases in illumination will occur as a result.of the added sign area, but will not be significant due to the Irvine Boulevard location of the sign. The applicant's proposal would also eliminate one monument sign originally proposed on the site. . The proposed modifications to the existing monument sign are completely within the scope and limitations of the Sign Code, and are therefore no longer subject to discretionary approval. . The proposed modification to the existing pole sig~' and easterly monument sign will not affect the sight lines of vehicles attempting to enter or exit the shopping center. The City Transportation Engineer has reviewed the site plan and has determined that the pole sign is set back far enough from the drive approach so that it would not affect the visibility of motorists even if the sign had a completely solid base. By relocating the monument sign from the west side of the drive approach to the east side, it is possible to place it to within 3 feet of the right-of-way line without interfering the ability of a motorist exiting the shopping center to observe oncoming traffic. This project has been determined to be Categorically Exempt (Class 11) pursuant to Section 15311 of the California Environmental Quality Act. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3384 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 95-003, amending the Master Sign Plan for the Tustin Heights Center to forego construction of a ~reviously approved second 6-foot high monument sign, and, pursuant to Sign Code Section 9403h2(e) to deviate from Tustin City Code Section 940462, allowing an increase in sign area of an existing 30-foot high pole sign from 160 square feet per face to 205.5 square feet per.face, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of September, 1995. Recording Secretary Chaii~Serson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3384 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of September, 1995. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3384 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 11, 1995, 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 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 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 ~ommunity Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 95-003 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 and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. 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 Resolution No. 3384 Page 2 PLAN SUBMITTAL *** 2.1 The applicant shall submit two (2) copies of a revised Master Sign Program reflecting all amendments and use restrictions approved under Conditional Use Permit 95- 003. (1) 2.2 At building plan check, submit three (3) sets of construction, and site improvement plans in accordance with applicable Building Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.3 A landscape/irrigation plan shall be included with the plan check submittal for the restoration of the planter area where the monument sign is removed and for the modification of the planter area where the sign will be relocated. The landscape/irrigation plan shall be in compliance with City of Tustin Community Development Department Landscape and Irrigation Guidelines. (1) 2.3 The signs shall comply in all respects with the Building Code, other related codes, City Ordinances, and State and Federal Laws and regulations. PUBLIC WORKS (1) 3.1 Upon the issuance of any sign permit associated to Conditional Use Permit 95-003, the property owner shall assume all financial responsibilities for the relocation or construction of any sign placed with the public safety area along Irvine Boulevard affected by any future widening of said right-of-way. USE RESTRICTIONS *** 4.1 No tenant shall be permitted to occupy sign space on the Tustin Heights Center pole sign unless such tenant occupies a minimum of 5,000 square feet of gross floor area of in-line tenant space within the subject shopping center. (1) 4.2 The copy copy area for any tenant represented on the monument sign shall not exceed six (6) square feet per tenant per sign face. Resolution No. 3384 Page 3 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. Building plan check and permit fees to the Community Development Department based on 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 $25.00 (twenty-five 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.