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HomeMy WebLinkAboutPC RES 4245RESOLUTION NO. 4245 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -16 AUTHORIZING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE AMALFI APARTMENT HOMES LOCATED AT 16000 LEGACY ROAD. 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 2013 -16, was filed by Baab & Associates on behalf of Legacy Villas, LLC, requesting authorization to establish a master sign plan for the Amalfi Apartment Homes located at 16000 Legacy Road. B. That, pursuant to the Tustin City Code (TCC 9403h), the proposed project requires approval of a master sign plan through a Conditional Use Permit (CUP). The Planning Commission is the review authority for a Conditional Use Permit. A master sign plan is required for developments in specific plan, planned development and planned community districts, multi -use sites, multi- tenant centers and mixed use districts in the City. C. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as MCAS Tustin Specific Plan and allows for residential 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. D. That a public hearing was duly called, noticed, and held for said application on January 14, 2014, 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: 1. Pursuant to Section 9403(h) of the Tustin City Code, a master sign plan is required for developments in specific plan, planned development and planned community districts, multi -use sites, multi- tenant centers and mixed use districts with the approval of a Conditional Use Permit from the Planning Commission. The Amalfi Apartment Homes are within a residential district of the MCAS Tustin Specific Plan and therefore meets the necessary threshold to allow signs throughout the residential community. Resolution No. 4245 Page 2 2. The Amalfi Apartment Homes are a self- contained apartment community which has the necessary components to support flexible sign design. Adequate sign standards are contained within the master sign plan to reflect a common theme, incorporate design elements in terms of sizing, scale, massing, materials, letter styles, colors, illumination, sign type and sign shape to ensure that signage has been coordinated throughout the project site. 3. The master sign plan as proposed would not have an adverse impact on adjacent properties in that the signage design and locations have been oriented to minimize the overall number of signs while maximizing the project identification and directional signs for the apartment community. As proposed, the signs would be compatible with the visual characteristics of the development, compatible with other signs in the surrounding area, and would not detract from adjacent developed properties. 4. The scale and massing of the proposed signs reflect the architecture of the buildings /structures on the site and are consistent with the size and scale of the site and the overall development within the community. Signs would be appropriately visible and legible in terms of spacing and proportion of letters and details, and would not dominate the visual quality of the site. 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 2013 -16 authorizing establishment of a master sign plan for the Amalfi Apartment homes as required in the Tustin City Sign Code, subject to the conditions of approval contained within Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of January, 2014. ASTEVVIKOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4245 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 City of Tustin, California; that Resolution No. 4245 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 14th day of January, 2014. ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4245 EXHIBIT A RESOLUTION NO. 4245 CONDITIONAL USE PERMIT 2013 -16 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Signage shall conform with the submitted master sign plan for the Amalfi Apartment Homes date stamped January 14, 2014, on file with the Community Development Department. The Director of Community Development may approve modifications to the master sign plan that are consistent with the intent of the Tustin 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) 1.3 As a condition of approval of Conditional Use Permit 2013 -16, 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) 1.4 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). SIGNS (1) 2.1 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. 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. 4245 Page 2 (1) 2.2 All signs shall conform to the Amalfi Apartment Homes master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in said master sign plan. (1) 2.3 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1) 2.4 All signs shall be constructed of a non - corrosive, rust - resistant finish so as not to degrade in adverse weather conditions. (1) 2.6 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right -of -way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. (3) 2.7 At the time of building permit application, the plans shall comply with the current edition of the codes (2013 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 2.8 All signs shall be located on -site within the property boundaries. All signs, both temporary and permanent, shall not be erected, posted, or displayed within the public right -of -way. Failure to comply with these requirements specified will result in the issuance of an administrative citation pursuant to TCC 1162(a). (1) 2.9 Sign Type A, B and C shall include the Tustin Legacy community name. FEES (2) 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 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.