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HomeMy WebLinkAboutPC RES 4391 RESOLUTION NO. 4391 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00008 FOR ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE LEVITY RESIDENTIAL COMMUNITY LOCATED AT TRACT 18125. 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) 2019-00008, was filed by Brett Hamara of Lennar Homes of California, Inc., requesting authorization to establish a master sign plan for the Levity at Tustin Legacy residential community located at Tract 18125. B. That pursuant to Section 13.19.4 of the Tustin Specific Plan and TCC Section 9403h, a master sign plan is required for developments in the Residential Core (Planning Area 15) of the specific plan which includes the subject project area. In accordance with Section 3.19,4b of the Tustin Specific Plan, master sign plans may deviate from the standards upon approval of a conditional use permit. The Planning Commission is the review authority for the proposed conditional use permit in accordance with Section 9404b.6 of the TCC. C. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as the Tustin Specific Plan and allows for residential uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City'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 September 10, 2019, by the Planning Commission. E. That the establishment of the proposed master sign plan will not 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 of Tustin in that: 1. Pursuant to Section 3.19.4b of the Tustin Legacy Specific Plan and TCC Section 9403h, a master sign plan is required for developments in the Residential Core (Planning Area 15) of the specific plan which includes the subject project area. In accordance with Section 3.19.4b of the Tustin Legacy Specific Plan master sign pians may differ from the standards upon approval of a CUP. 2, Adequate sign standards are contained within the master sign plan to reflect a common theme, incorporate design eVements in terms of si!zingi, scale, massing, materials, letter styles, colors, sign type and sign shape to ensure that signage has been coordinated throughout the project site, 3. The signs proposed within the master sign plan are typical of a residential housing tract development. Similar sign packages, have been provided in the development of other residential communities at Tustin Legacy. 4. As proposed, the signs would' be compatible with the visual characteristics of the development in utilizing similar materials and design as seen within the community. 5, The Traffic Engineering Division of the Public Works Department has reviewed the proposed Master Sign Plan and has, concluded that, as conditioned!, the signs will be required to comply with, sight distance visual clearance to ensure no adverse traffic impacts resulting from the authorized signs by the proposed Master Sign P,lan. 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 construction of accessory structures including on-premise signs. 11, The Planning Commission hereby approves CUP 2019-00008 authorizing establishment of a master sign plan for the Levity at Tustin Legacy residential community subject to the conditions of approval contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 1011 day of September, 2019. ,4TEVL(KbZAK Chairperson die EEI/tBETH A. BINSACK Ing Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resoludon No, 4391 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 10111 day of September 2019. PLANNING COMMISSIONER AYES: Gallagher, Mia, Kozak, Thompson (4 PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: M as on ABETNi A�B'sNi A CC K S all �rjc C 1�13 is ann4ig Commission Secretary •EXHIBI�'.A RESOLUTION NO. 4391 CONDITIONAL USE PERMIT 2019-00008 TRACT 18125 MASTER SIGN PLAN FOR LEVITY AT TUSTIN LEGACY GENERAL Signage shall substantially conform to the submitted Master Sign Plan for the project date stamped September 10, 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 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) 1.3 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) 1.4 Approval of Conditional Use Permit (CUP) 2019-00008 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) 1.3 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC 1162(a). (1) 1.6 As a condition of approval of CUP 2019-00008,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 tb attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution 4391 -Exhibit A September 10,2019 Page 2 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) 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) 1.8 CUP 2019-00008 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 2019-00008, 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. MASTER SIGN PLAN (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. (1) 2.2 All signs shall conform to Levity at Tustin Legacy 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 e Sign Plan and approved by the Community Development Department. (1) 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. (6) 2.4 Landscaping shall be maintained so as not to obscure signs located in landscape areas. (1) 2.5 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (1) 2.6 Sign illumination shall not constitute a traffic hazard or cause disruptive glare to motorists and pedestrians. Sign illumination shall be confined to the property. Sign illumination brightness levels shall be in compliance with Tustin Sign Code Section Resolution 4391 -Exhibit A September 10,2019 Page 3 9404(g)(l e) and subject to field inspection by the Community Development Department--Planning Division. (1) 2.7 The locations of 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. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at larger scale that will be adequate for plan check purposes. PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS ENGINEERING (1) 4.1 All monument signs and its foundation shall be constructed on private property. (2) 4.2 All signs, both temporary and permanent, shall not be erected, posted, or displayed within the public right-of-way. (1) 4.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 3 FEES (1) 5.1 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.