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HomeMy WebLinkAboutPC RES 3959 RESOLUTION NO. 3959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING CONDITIONAL USE PERMIT 04-015 TO AMEND THE PARTIAL MASTER SIGN PROGRAM FOR THE DISTRICT AT TUSTIN LEGACY BY ESTABLISHING A COMPLETE MASTER SIGN PROGRAM The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper request to amend Conditional Use Permit 04-015 has been filed by the Vestar Development Company/Kimco Tustin loP. requesting authorization to amend the partial master sign program for The District at Tustin Legacy, approved on July 26,2004, to establish a complete master sign program that would allow deviations from the Tustin City Code for freestanding signs, wall signs, and specialty signs such as lifestyle center blade, tenant blade, pedestrian directional, lifestyle super graphics, awning, and canopy signs that are currently undefined by the Tustin Sign Code. B. That the proposed project is located within the "MCAS Tustin Specific Plan" land use designation of the General Plan, which provides for commercial development and conforms to the MCAS Tustin Specific Plan, in that a master sign program that deviates from standards in the Tustin Sign Code is conditionally permitted in all specified planning areas of the MCAS Tustin Specific Plan. In addition, the project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for said application on January 24, 2005, by the Planning Commission. D. That a master sign program in conjunction with the development of 1,006,100 square feet of commercial uses will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, 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: 1. Pursuant to Tustin City Code Section 9403h2.(e), with the approval of a Conditional Use Permit, the Planning Commission is authorized to approve a master sign plan that deviates from the requirements of the Tustin Sign Code for properties located within a center with at least thirty thousand (30,000) square feet of building area. The property is proposed for 1,006,100 square feet of building area; Resolution No. 3959 Page 2 2. As proposed, the large freestanding signs are generally consistent with the quantities, sizes, and locations of the signs approved by the Planning Commission on July 26, 2004. The design of these signs has been revised to complement the building architecture; 3. As proposed, the signs are appropriate for The District at Tustin Legacy since it is a large scale development with large building masses that will contain services for residents and businesses in and outside of the City of Tustin; 4. The number, size, and design of the freestanding signs, wall signs, blade signs, awning signs, canopy signs, and lifestyle super graphics in the Master Sign Plan would be an integral part of creating a lively pedestrian atmosphere in the center; and, 5. The signs would be constructed of high quality design and materials and complement the architectural style of the buildings. E. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby amends Conditional Use Permit 04-015 authorizing an amendment to the partial master sign program for The District at Tustin Legacy (Tract 16695), approved on July 26, 2004, to establish a complete master sign program that would allow deviations from the Tustin City Code for freestanding signs, wall signs, and specialty signs such as lifestyle center blade, tenant blade, pedestrian directional, lifestyle super graphics, awning, and canopy signs that are currently undefined by the Tustin Sign Code, 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 24th day of January, 2005. a~ /~-':. ELIZABETH A. BINSACK Planning Commission Secretary --, - ~------ Resolution No. 3959 Page 3 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 24th day of January, 2005. ø~.ßAI~)- ELIZABETH A. BINSACK Planning Commission Secretary (1 ) (1 ) (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONS OF APPROVAL AMENDMENT OF CONDITIONAL USE PERMIT 04-015 GENERAL 1.1 All signs shall substantially conform with the submitted master sign program for The District at Tustin Legacy date stamped January 24, 2005, 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. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any sign permits for the project, subject to review and approval by the Community Development Department. If a conflict exists between any provision of this approval or any other provision contained herein or incorporated by reference and the Tustin Legacy Disposition and Development Agreement (DDA) for Retail Development (Tract 16695) dated July 20, 2004, the relevant provisions of the DDA shall prevail. Amendment of Conditional Use Permit 04-015 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 the amendment of Conditional Use permit 04- 015, 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 CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3959 Amendment of CUP 04-015 Page 2 (1 ) 1.5 (1 ) 1.6 (1 ) 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 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. All applicable findings and conditions of approval within Resolution No. 3923 approving Conditional Use Permit 04-015 shall continue to apply. MASTER PLAN REVISIONS (***) 2.1 Prior to approval of the final tract map, the applicant shall submit an 8% by 11 inch color version of the complete master sign program and an 8% by 11 inch black line version of the complete master sign program for recordation with the covenants, conditions, and restrictions (CC&Rs) for Tract 16695. Prior to submittal, the master sign program shall be revised to incorporate the following: a. The applicant shall define which tenants (Le., major tenants occupying a minimum of 20,000 square feet) are eligible to be located on the Single Tenant Monument Sign. ' b. The applicant shall include Sign Type exhibits for all tenant signs with notes on the method of calculating sign area and maximum sign area, including Major Tenant Primary Storefront Identity Signs, Major Tenant Secondary Identity Signs, Non-Major Tenant Primary Store Front Sign, Non-Major Secondary Sign, Tenant Blade Sign, Tenant Canopy Sign, Tenant Awning Sign c. The applicant shall delete 4.12 on page 5. d. The applicant shall add a description to page 5 for the "Tenant Canopy Sign" to correspond with the exhibit on page 47. e. The applicant shall clarify the location of the "covered canopy" sign area on page 17. f. The applicant shall delete any reference to, "unless otherwise approved." The text of the master sign program shall control the requirements for all signs. g. The applicant shall delete any reference to City approval of the content of lifestyle graphics and replace with a general statement that only lifestyle images that relate to the nature of the center shall be Exhibit A of Resolution No. 3959 Amendment of CUP 04-015 Page 3 (***) 2.2 allowed and a list of prohibited types of graphics and images shall be included. h. The applicant shall add names of all intended colors as notes to all applicable pages to facilitate recordation of the master sign program with the CC&Rs. i. The applicant shall amend Section 1.1 to state: "All signs shall be maintained in good repair. The landlord shall be responsible for timely removal of and replacement of any sign deemed by the City in need of repair." The master sign program shall be recorded with the covenants, conditions, and restrictions (CC&Rs) for Tract 16695. USE RESTRICTIONS (***) (1 ) (1 ) (1 ) (1 ) 3.1 3.2 3.3 3.4 3.5 The numbers, quantities, and characteristics of all signs at the project site shall conform to the approved master sign program. No sign shall be constructed, erected, altered, replaced, moved, or painted unless the sign conforms to the master sign plan. A sign permit shall be applied for and received from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign pursuant to the Tustin Sign Code. Prior to submittal of sign plans to the City of Tustin or issuance of sign permits, all proposed signs shall be approved by the Design Consultant and the Landlord, as designated in the master sign program. The Design Consultant and Landlord shall affix an approval stamp or signature on the plans submitted to the City. Signs shall be designed to direct/inform both pedestrians and motorists. The minimum letter size shall be six (6) inches to ensure legible signs. Freestanding signs shall be located in a landscaped area and located on private property outside of the right-of-way, including along South Loop Road where landscaping improvements have been allowed to encroach into the ninety-two (92) foot wide right-of-way. Prior to issuance of any building and/or sign permits, the applicant shall obtain necessary approval from the Public Works Department to ensure no part of any sign would encroach on the future right-of-way. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. PLAN SUBMITTAL (1 ) 4.1 At the time of building and/or sign permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 Exhibit A of Resolution No. 3959 Amendment of CUP 04-015 Page 4 FEES (1 )(5) 5.1 (2) 5.2 California Building Code (CBC) and 2001 California Electrical Code (CEC). In addition, the plans shall demonstrate that all signs shall be installed with adequate horizontal and vertical intersection sight lines and entirely outside of the public right-of-way within a landscape planter. 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. 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.