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HomeMy WebLinkAboutPC RES 3858RESOLUTION NO. 3858 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 0'1-037, FOR INSTALLATION OF A MONUMENT SIGN, SlX (6) FEET IN HEIGHT AND SEVEN (7) FEET IN WIDTH, WITH A TWENTY (20) SQUARE FOOT, DOUBLE-SIDED CHANGEABLE COPY SIGN AREA ON PROPERTY LOCATED 1301 SYCAMORE 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 01-037, was filed by St. Cecilia Church, requesting approval to install a double-face manual changeable copy monument sign six (6) feet in height and seven (7) feet in width on property located at 1301 Sycamore Avenue, or more specifically identified as Assessor's Parcel Number 432-161- 22. B, That the Public and Institutional land use designation of the General Plan provides for a variety of institutional uses and their related signage. 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 Section 9411 authorizes the Planning Commission to determine the appropriate type, size, and location of signs in the Public and Institutional zoning district through a Conditional Use Permit and Section 9404(b)(1) requires approval of a Conditional Use Permit for changeable copy. D. That this project is categorically exempt (Class 11) pursuant to Section 15311 of the California Environmental Quality Act. Eo That a decision to approve this request is supported by the following findings: 1) The establishment and maintenance of the proposed manual changeable copy monument sign, as conditioned, will not be detrimental to the health, safety, or general welfare of the City nor have a negative effect on surrounding properties in that: a. The proposed location is outside the visual clearance area as specified in the Section 9412 of the Sign Code; b. The size and height of the proposed sign is consistent with the maximum allowable size and height of monument signs that would be allowed in nearby commercial zoning districts; Planning Commission Resolution No. 3858 Page 2 c. The proposed sign with changeable copy would be limited to providing information regarding non-profit church functions and activities; and, d. Changeable copy signs are considered on a case-by-case basis and subject to approval of a conditional use permit, and therefore, the use of the sign is connected to the use of the property remaining a religious facility. 2) The proposed use, as conditioned, is compatible with the surrounding area in that the size of the proposed sign will appear to be in scale with existing development on the project site and the surrounding area and will be compatible with the existing design features of the site in color and materials. II. The Planning Commission hereby approves Conditional Use Permit 01-037, to install a monument sign, six (6) feet in height and seven (7) feet in width, with a twenty (20) square foot, double-sided changeable copy sign area on the property located at 1301 Sycamore Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of February, 2003. ELIZABETH A. BINSACK Planning Commission Secretary ,,~TE~h~ V. KOZAK 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. 3858 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of February, 2003. E~'I'z~I3-ETH A. 13-IN,ACK Planning Commission Secretary (1) (1) (.1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 01-037 CONDITIONS OF APPROVAL RESOLUTION NO. 3858 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped February 10, 2003, 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 consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 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) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 01-037 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION UNIFORM BUILDING CODEIS (6) DESIGN REVIEW (7) EXCEPTION RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution 3858 Exhibit A Page 2 (1) As a condition of approval, 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. PLAN SUBMITTAL (*) 2.1 Three (3) sets of construction level plans with necessary specifications, materials, colors, and details prepared in accordance with the most currently adopted City Ordinances, State, and Federal laws and regulations shall be submitted for review and approval by the Community Development Department prior to installation of the sign. The City of Tustin is currently using the following: 2001 California Building Code (CBC), 2001 California Electrical Code (CEC), and California Title 24 Accessibility Regulations. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2,2 Prior to plan check submittal, the applicant shall revise the sign plans to include narrow slumpstone sections stacked vertically to replicate the brick of the building exterior. USE RESTRICTIONS (1) 3.1 Sign copy shall be limited to information regarding non-profit church- related messages or functions that are open to the public. The sign copy area shall be limited to twenty (20) square feet per side. (1) 3.2 The monument sign shall be maintained in good repair. (1) 3.3 Authorization for the manual changeable copy monument sign is contingent upon the use of the subject property remaining a church or religious facility. Should this use be changed or discontinued, the Community Development Department is authorized to require the property owner to remove the sign within 30 days of being given notice or the property owner shall obtain approval of an amendment to Conditional Use Permit 01-037 for a new use of the sign. (1) 3.4 No other unauthorized signs shall be displayed on-site. Resolution 3858 Exhibit A Page 3 FEES (C) 4.1 (C) 4.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, Building Department plan check and permit fees to the Community Development Department based on the most current schedule. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. 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 forty-three dollars ($43.00) 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.