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HomeMy WebLinkAboutPC RES 4383 RESOLUTION NO. 4383 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00002, FOR INSTALLATION OF A DOUBLE-SDED MONUMENT SIGN, APPROXIMATELY SIX (6) FEET IN HEIGHT AND THIRTY-TWO (32) SQUARE FEET IN SIGN AREA, WITH A SEVEN AND ONE HALF (7.5) SQUARE FOOT ELECTRONIC CHANGEABLE COPY SIGN AREA ON THE EAST ELEVATION ON THE PROPERTY LOCATED AT 1302 INDUSTRIAL DRIVE 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) 2019-00002, was filed by Priscilla "Bo" Marconi, of Marconi Foundation for Kids, requesting approval to install a double-sided monument sign, approximately six (6) feet in height and thirty-two (32) square feet in sign area with a seven and one half (7.5) square foot electronic changeable copy sign area on the east elevation on the property located at 1302 Industrial Drive. B. That the Planned Community Commercial/Business land use designation of the General Plan provides opportunities for a mixture of activities permitted within the Community Commercial, Professional Office, and Industrial land use designations 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 Tustin City Code (TCC) Section 9404b.1. requires approval of a CUP for changeable copy signs. D. That a public hearing was duly called, noticed, and held for said application on May 14, 2019, by the Planning Commission. E. That the proposed double-sided monument sign with an electronic changeable copy area 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. The proposed location is outside the visual clearance area as specified in Section 9412 of the Tustin Sign Code. Resolution No. 4383 Page 2 2. The size and height of the proposed sign is consistent with the maximurn allowable size and height of monument signs that would be allowed in, nearby commercial zoning districts. 3. The proposed electronic changeable copy shall not create a distraction or confusion to vehicular traffic in that Industrial Drive is local street away from major thoroughfares and intersections. 4. As proposed, the, sign would be compatible with the Visual characteristics of the development in utilizing similar materials and design. 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 on-premises, signs. 11, The Planning Commission hereby approves CUP 2019-00002, to install a double-sided monument sign, approximately six (6) feet in height and thirty two (32) square feet in sign area: with a seven and one half (7.5) square foot electronic changeable copy sign area on the east elevation on the property located at 1302 Industrial Drive, subject to the conditions of approval contained within Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a reguiar meeting on the 14th day of May, 2019, TE' eZ A TK Chairperson Jve4E 'iBETH A. BINSACK Planning Commission Secretary Resolution No. 4383 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify, that I am, the Planning Cornniission Secretary of the City of Tustin, California and that Resolution No. 4383 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 101 day of Mlay, 2019, PLANNING COMMISSIONER AYES; Gallagher, Kozak, Mason (3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED; PLANNING COMMISSIONER ABSENT: Ala, Thomps 2 A �r//L;ABE IH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4383 CONDITIONAL USE PERMIT 2019-00002 CONDITIONS OF APPROVAL 1302 INDUSTRIAL DRIVE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 14, 2019, 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 (TCC). (1) 1.2 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) 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 Conditional Use Permit (CUP) 2019--00002 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) 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 Exhibit A Resolution No. 4383 Page 2 (1) 1.6 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) 1.7 CUP 2019-00002 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 the conditions of approval 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 CUP. USE RESTRICTIONS *** 2.1 Authorization for the double-sided monument sign with an electronic changeable copy sign area on the east elevation is contingent upon the use of the subject property remaining a museum with ancillary banquet facilities. 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 of the property owner shall obtain approval of an amendment to CUP-2019-00002. "** 2.2 The changeable copy sign area shall be a red LED electronic message center. Advertisements and messages on the changeable copy sign shall be limited to information related to the business activities of the subject business. 2.3 The following advertisements or messages are prohibited including, but not limited to the following: • Off-site advertisements of businesses, products, persons, or subjects not related to the subject business. • 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. Exhibit A Resolution No. 4383 Page 3 (5) 2.4 At no time shall the electronic monument sign's message content blink, flash or continuously scroll. There shall be at least a ten (10) second delay between changes of message content. (1) 2.5 The monument sign shall be maintained in good repair. (1) 2.6 The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without the approval of the City's Public Works Department. PLAN CHECK (1) 3.1 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, pursuant to the Tustin Sign Code. (1) 3.2 The location for the sign shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. A sign shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, the sign shall be clearly identified on plans as to the exact location. Any sign that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. (6) 3.3 Any trees that are removed as part of the construction of the proposed monument sign shall be identified and replaced subject to City approval. (3) 3.4 All unpermitted signs, specifically the existing monument sign, shall be removed prior to permit issuance. (5) 3.5 At the time of building permit application, the plans shall comply with the current edition of the code, City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. FEES (1) 4.1 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 Exhibit A Resolution No. 4383 Page 4 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. (1) 4.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a) The applicant/contractor 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 a]) to recycle at least 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 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".