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HomeMy WebLinkAboutPC RES 4372 i RESOLUTION NO. 4372 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2018-00006 AUTHORIZING THE ESTABLISHMENT OF THE MASTER SIGN PLAN FOR MUTUTAL PROPANE PLAZA LOCATED AT 1001 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application;Conditional Use Permit (CUP) 2018-00006, was filed by James P. Caiopoulos, of Galaxy Oil Company, to establish the Master Sign Plan for Mutual Propane Plaza. B. That, pursuant to the Tustin City Code (TCC) Sections 9403i.2.(e) and 9404b.6, a CUP for a master sign plan, approved by the Planning Commission, is required for centers that are at least 30,000 square feet in building square footage, or one (1) acre in area, and where signs would deviate from the Tustin Sign Code. C. That the proposed Master Sign Plan is consistent with the Tustin General Plan in that Mutual Propane Plaza is designated as Planned Community Commercial, which allows for commercial land uses and supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin'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 for said application on August 28, 2018, by the Planning Commission. E. That 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 in that: 1. Pursuant to TCC Sections 94031.2.(e) and 9404b.6, a CUP for a master sign plan, reviewed and approved by the Planning Commission, is required for centers that are at least 30,000 square feet in building square footage, or one (1) acre in area, and where signs would deviate from the Tustin Sign Code. Mutual Propane Plaza is 1.56 acres in project area. 2. The proposed Master Sign Plan proposes signs that are taller and larger than the Tustin Sign Code would allow. As conditioned, the Resolution No. 4372 Page 2 requested deviations from the Tustin Sign Code are consistent with the, context, scale, and objective of the sig�ns, which is to provide project andl site information to patrons, motorists and others, 1 As conditioned, 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 coordiinated throughout the project site, 4. The signs proposed within the Master Sign Plan are typical of muffitenant commercial developments. Similar sign packages have been, provided in the development of existing multitenant commercial centers within the City. 5. As proposed, the signs would be compatible with the visual characteristics of the development in utilizing similar materials and design as seen within the center. 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}, This exemption is for the construction of accessory structures including ora-premises signs. 11, The, Planning Commission, hereby approves CUP-2018-00006 authorizing establishment of the Master Sign Plan for Mutual Propane Plaza, pursuant to, 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 28th day of August, 2018. AUSTIN LU03ARD Chairperson ELIZABETH A. BIN ACI Planning Commission Secretary Resolution No. 4372 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A, Blnsack, the undersigned, hereby certify that I am the Planning Commission, Secretary of the, City of Tustin, California and that Resolution, No. 4372 was duly passed and adopted at a regular meeting of the Tustin Planning Cornmission held on the 28th day of Au lust, 2018, PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: J_ J ELIZABETH A. 13NISACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4372 CONDITIONAL USE PERMIT 2018-00006 CONDITIONS OF APPROVAL MUTUTAL PROPANE PLAZA MASTER SIGN PROGRAM GENERAL 1.1 Signage shall substantially conform to the submitted Master Sign Plan for the project date stamped August 28, 2018, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. 1.2 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. 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit (CUP) 2018-0006 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 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). 1.6 As a condition of approval of CUP-2018-0006, 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 SOURCE, CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION 4 Exhibit A Resolution No.4372 Page 2 I 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 the defense of any such action under this condition. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees,! subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 1.8 CUP-2018-00006 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with CUP-2018-00006, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 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. 2.2 All signs shall conform to the Mutual Propane Plaza 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. 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. 2.4 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. Exhibit A Resolution No. 4372 Page 3 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. 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 purposed. FEES 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 the 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. 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a) The applicanttcontractor may be required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material. b) The applicant may be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. c) Prior to issuance of a permit, if WRRP is required, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin".