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HomeMy WebLinkAboutPC RES 3904RESOLUTION NO. 3904 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-023, AUTHORIZING AMENDMENTS TO THE TUSTIN AUTO CENTER MASTER SIGN PROGRAM FOR THE PROPERTIES LOCATED AT 1 THROUGH 50 AUTO CENTER DRIVE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, Conditional Use Permit 03-023, has been filed by Tustin Auto Center Merchants Association on behalf of property owners within the Tustin Auto Center located at 1 thru 50 Auto Center Drive (Lots 1 thru 12 of Parcel Map 84-1032 and Lots 1, 2 and A of Tract No. 13834) requesting authorization to amend the existing Tustin Auto Center Master Sign Program by allowing manufacturing brands or Iogos signage, increasing the maximum allowable sign area for building mounted signs, increasing the height and adding a new electronic changeable copy sign on an existing freeway sign, and increasing the maximum allowable sign area for project entry monument signs. Bo That a public hearing was duly called, noticed, and held for said application on December 22, 2003, by the Planning Commission. That the establishment, maintenance, and installation of signs 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) 2) Section 9403g and Section 940466 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the City's Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. The Tustin Auto Center meets these criteria in that it contains approximately 680,450 square feet of building area and is located within a center. The original master sign program for the Tustin Auto Center was adopted in 1985. The proposed amendments to the type, number, size, and location of proposed signs are appropriate since Tustin Auto Center is a large scale development with large building masses and functions as a regional attraction. Section 9404b of the Tustin City Code authorizes changeable copy signs (reader board) with the approval of a Conditional Use Permit by the Planning Commission. The proposed changeable copy sign would be oriented towards the freeway and is appropriate for the Auto Center since the center is intended to attract and serve a regional clientele, yet is completely walled-in and requires freeway visibility to adequately serve the public. The reader board would be limited to content that promotes dealerships and centerwide special events and would be similar to other freeway-oriented auto center signs throughout the county. In addition, the Resolution No. 3904 CUP 03-023 Page 2 existing master sign program allows for a fifty-five (55) foot tall freeway identification sign. The proposed reader board will be incorporated within the existing freeway freestanding sign and increase the overall height by ten (10) feet. The increased height on the existing freeway sign is minimal and would be appropriate in relation to the scale of the center and massing of the buildings within the Tustin Auto Center. 3) All signs proposed in the amendment to the master sign program would not be detrimental or injurious to the community in that all new signs would be required to comply with visual clearance requirements and the applicant would be required to obtain approval from the California State Department of Transportation (Caltrans), if necessary, for the reader board. That the Auto Center is consistent with the General Plan land use designation Planned Community Commercial/Business which provides for a variety of retail, professional office, and service- oriented business activities. 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. This project is Categorically Exempt pursuant to Sections 15301 and 15311, Class 1 and 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 03- 023 authorizing the amendments to the Tustin Auto Center Master Sign Program for properties located at I thru 50 Auto Center Drive (Lots 1 thru 12 of Parcel Map 84-1032 and Lots 1, 2 and A of Tract No. 13834), 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 22® day of December, 2003. Chairperson (,/ ELIZABETH A. BINSACK Planning Commission Secretary 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. 3904 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of December, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) (1) (1) GENERAL EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-023 1.1 1.2 The proposed amendments to the Tustin Auto Center Master Sign Program shall substantially conform with the submitted sign program for the Tustin Auto Center date stamped December 22, 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 to be 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 as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.4 Approval of Conditional Use Permit 03-023 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 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. 1.5 As a condition of approval of Conditional Use permit 03-023, 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. 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 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. 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3904 CUP 03-023 Page 2 USE RESTRICTIONS The freeway reader board sign shall be an LCD sign. Advertisements and messages on the freeway changeable copy sign shall be limited to businesses, products, persons, or subjects related to Tustin Auto Center. *** 2.2 The following advertisements or messages are prohibited' Political messages indicating the name and/or picture of an individual seeking election to a public office, or relating to public election or referendum or advocating, criticizing, or otherwise related to the political views, opinions, contentions on labor disputes, or similar controversies. Messages relating to religious, charitable, or sociological opinions, views, policies, or beliefs. Advertisements of businesses, products, persons, or subjects not related to Tustin Auto Center. Messages or advertisements that are obscene or of an obscene nature or "adult content." Messages that stimulate or imitate in size, color, lettering, or design of any traffic sign or signal, or which make use of the words "Stop," "Look," "Danger," or any other words, phrases, symbols, or characters in such a manner as to interfere with, mislead, or confuse traffic. · Messages and/or advertisements that are audible or emitting sounds. Messages and/or advertisements of pricing unless required by the State Law. PLAN SUBMITTAL (1) 3.1 Prior to issuance of any building and/or sign permit, freestanding signs over four (4) feet in height and modification to existing freestanding signs shall be engineered by a California licensed and registered civil or structural engineer. 3,2 All electrical work shall conform to the 2001 Edition of the California Electrical Code (CEC). 3.3 Prior to issuance of any building and/or sign permit for the freeway changeable copy sign (reader board), the applicant shall obtain necessary approval from the California Department of Transportation (Caltrans). 3,4 Dealer monument signs and project entry directory signs shall be installed with adequate horizontal and vertical intersection sight lines. In general, a 25 feet by 25 feet limited use triangle shall be provided at typical driveways and shall be shown on the site plan. Additional sight evaluation could be required to satisfy the City's Standard Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. FEES (1)(5) 4,1 Prior to issuance of any building and/or sign permits, payment shall 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. Exhibit A of Resolution No. 3904 CUP 03-023 Page 3 (2) 4.2 A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Electrical plan check and permit fees to the Community Development Department based on the most current schedule. C. Sign plan check and permit fees to the Community Development Department based on the most current schedule. 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.