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HomeMy WebLinkAboutPC RES 3930 RESOLUTION NO. 3930 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-021, AUTHORIZING AN AMENDMENT TO THE PLAZA LAFAYETTE SHOPPING CENTER MASTER SIGN PROGRAM FOR THE PROPERTIES LOCATED AT 13011-13051 NEWPORT 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 04-021, has been filed by Lafayette Plaza Investors, L.P. requesting authorization to amend the existing Plaza Lafayette shopping center Master Sign Program approved on August 4, 2004, by replacing an existing center identification pole sign with a new pole sign containing the center identification and major tenants' identifications. B. That the project is located within the Central Commercial (C-2) zoning district and is designated by the Tustin General Plan as "Community Commercial" which provides for the establishment of retail, professional office, and service-oriented business activities. 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 in that the installation of a new pole sign will not affect air quality. C. That Section 9404.b.6 of the Tustin City Code requires the approval of a Conditional Use Permit for a master sign program with elements that deviate from standards contained in the Sign Code. D. That a public hearing was duly called, noticed, and held for said application on September 13, 2004, by the Planning Commission. E. That the establishment, maintenance, and installation of the pole sign 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 ) Section 9403g and Section 9404.b.6 of the Tustin City Code provides for the adoption of master sign programs and allows for Resolution No. 3930 Page 2 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 Plaza Lafayette shopping center meets these criteria in that it contains approximately 57,011 square feet of building area and is located within a center. 2) The proposed pole sign complies with the criteria for a pole sign in accordance with Section 9404.b.2 of the Tustin City Code, with the exception that the pole sign would include not only center identification but also five (5) major tenant signs and is .9 acres smaller than the minimum size and scale of a project that is eligible for a pole sign. The pole sign generally conforms to the requirements for pole signs and the requested deviations are minor in nature. While the proposed pole sign would allow for tenant signs, they are limited to only major tenants and are required to be maintained within the allowable sign area for a pole sign. In addition, the center is one of the largest shopping centers in the area with unique business activities serving a community wide- area. 3) The location, design, height, and size of the proposed pole sign are designed to reflect the center's theme by incorporating similar design elements, materials, colors, and special qualities of the buildings in the center. 4) Signs proposed in the amendment to the master sign program would not be detrimental or injurious to the community in that the new pole sign would be required to comply with visual clearance requirements and the applicant would be required to obtain a sign permit and approval from the City's Public Works Department for the proposed pole sign prior to installation. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). F. The Planning Commission hereby approves Conditional Use Permit 04-021 authorizing the amendment to the Plaza Lafayette shopping center Master Sign Program for properties located at 13011-13051 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. II. Resolution No. 3930 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of September, 2004. LIE A. PONTIOUS Chairperson Pro T em a~~ 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. 3930 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 2004. 8~~~~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-021 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 The proposed replacement pole sign shall substantially conform with the submitted master sign program for the Plaza Lafayette shopping center date stamped September 13, 2004, 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 the master sign program if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 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. Approval of Conditional Use Permit 04-021 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. As a condition of approval of Conditional Use permit 04-021, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3930 CUP 04-021 Page 2 (1 ) (1 ) (1 ) 1.5 1.6 1.7 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. 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. USE RESTRICTIONS *** *** *** 2.1 2.2 2.3 The pole sign shall contain the center identification and a maximum of five (5) major tenant identification signs, as defined in the Master Sign Program for the center. All signs within the center shall be maintained in good condition at all times. New or replacement signs shall conform to the Master Sign program and require sign permits from the City prior to sign installation. Letter height on the pole sign shall be not less than six (6) inches to ensure the sign is legible to motorists along Newport Avenue. PLAN SUBMITTAL (1 ) (1) (1) (1) 3.1 3.2 3.3 3.4 Prior to issuance of any building and/or sign permit, pole 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. All electrical work shall conform to the 2001 Edition of the California Electrical Code (CEC). Prior to issuance of any building and/or sign permit for the pole sign, the applicant shall obtain necessary approval from Public Works Department to ensure no part of the pole sign would encroach on the future right-of-way. The pole sign shall be installed with adequate horizontal and vertical intersection sight lines. In general, a 25 foot by 25 foot 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 Exhibit A of Resolution No. 3930 CUP 04-021 Page 3 FEES (1)(5) 4.1 (2) 4.2 Drawings and Design Standards for Public Works Construction No. 510 for all affected streets. 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. 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.