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HomeMy WebLinkAboutCC RES 15-64 RESOLUTION NO. 15-64 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-16 ALLOWING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the establishment of a master sign plan for The Village at Tustin Legacy, a commercial center on approximately 22.7-acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That pursuant to Section 3.12.1C. of the MCAS Tustin Specific Plan and Tustin City Code Section 9403h, an applicant may provide for a comprehensive sign plan that differs from the Tustin Sign Code standards upon submittal and approval of a conditional use permit. 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 commercial uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City's 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 on said application on August 25, 2015, by the Planning Commission. Following the public hearing, the Planning Commission adopted Planning Commission Resolution Nos. 4285 and 4291 recommending that the City Council approve the proposed project. E. That a public hearing was duly called, noticed, and held on said application on September 15, 2015, by the City Council and that the City Council continued the item to October 20, 2015. F. That the establishment of the proposed master sign plan will not 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: Resolution No. 15-64 Page 1 of 6 1. The Village at Tustin Legacy is a commercial project that requires 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, sign type and sign shape to ensure that signage has been coordinated throughout the project site. 2. The signs proposed within the master sign plan are typical of a commercial development with multi-tenant. 3. As proposed, the signs would be compatible with the visual characteristics and architectural theme of the development in utilizing similar materials and design as seen within the development. 4. The scale and massing of the proposed signs are harmonious with 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. G. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist (Resolution No. 15-57) has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves Conditional Use Permit 2015-16 approving the establishment of a master sign plan subject to the conditions attached hereto as Exhibit A and the master sign plan document attached hereto as Exhibit B. Resolution No. 15-64 Page 2 of 6 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of October, 2015. ("91,:f CHARLES E. PUCKETT, Mayor • ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OFTUSTIN ) I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 15-64 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of October 2015 by the following vote: COUNCILPERSONS AYES: Puckett, Murray, Bernstein (3) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: Gomez, Nielsen (2) COUNCILPERSONS ABSENT: None (0) // fig i ERICA N. RABE, City Clerk Resolution No. 15-64 Page 3 of 6 n I I EXHIBIT A RESOLUTION NO. 15-64 CONDITIONAL USE PERMIT 2015-16 MASTER SIGN PLAN THE VILLAGE AT TUSTIN LEGACY CONDITIONS OF APPROVAL GENERAL (1) 1.1 Signage shall conform with the submitted master sign plan for The Village at Tustin Legacy date stamped October 20, 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-001. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2015-16 is contingent upon the applicant 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 notarized "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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW * EXCEPTION (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-16, 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. MASTER SIGN PLAN (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. (1) 2.2 All signs shall conform to The Village at Tustin Legacy master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in said master sign plan. Minor changes could be made if signs meet the spirit and intent of the Master Sign Plan and approved by the Community Development Department. (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) 2.5 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. (1) 2.6 Center Identification monument signs to The Village at Tustin Legacy shall include the Tustin Legacy community name where text is applied. (1) 2.7 The "Supergraphic" maximum sign area shall be ten (10) feet wide by ten (10) feet tall. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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.