Loading...
HomeMy WebLinkAboutPC RES 4001A RESOLUTION NO. 4001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 05-029 TO ESTABLISH A MASTER SIGN PLAN FOR THE TUSTIN CROSSINGS COMMERCIAL CENTER LOCATED AT 12932 NEWPORT AVENUE WHICH IS AT THE NORTHEAST CORNER OF OLD IRVINE BOULEVARD AND NEWPORT AVENUE. THE MASTER SIGN PLAN DEVIATES FROM THE TUSTIN SIGN CODE WITH A 17.5 FOOT TALL, 100 SQUARE FOOT CENTER IDENTIFICATIONrrENANT DIRECTORY MONUMENT SIGN; FOUR (4) MINOR TENANT IDENTIFICATION SIGNS WITHIN THE MONUMENT SIGN THAT ARE 13.5 SQUARE FEET EACH; A 36 SQUARE FOOT MAJOR TENANT IDENTIFICATION SIGN WITHIN THE MONUMENT SIGN; AND, A SECONDARY ON-BUILDING SIGN OVER 25 SQUARE FEET FOR THE MAJOR TENANT. 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 05-029, was filed by the Floyd Company, requesting authorization to establish a master sign plan for the Tustin crossings commercial center located at 12932 Newport Avenue which is at the northeast corner of Old Irvine Boulevard and Newport Avenue. The master sign plan deviates from the Tustin Sign Code with a 17.5 foot tall, 100 square foot, center identification/tenant directory monument sign; four (4) minor tenant identification signs within the monument sign that are 13.5 square feet each; a 36 square foot major tenant identification sign within the monument sign; and, a secondary on- building sign over 25 square feet for the major tenant. B. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as "Community Commerciif and allows for commercial uses and their supporting signs. 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 addition of signs will not affect air quality. C. The project is located within the Retail Commercial "C1" zoning district where signs supporting permitted uses in centers are allowed with a master sign program. D. That a public hearing was duly called, noticed, and held for said application on October 24, 2005, by the Planning Commission. As conditioned, the proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: E. Resolution No. 4001 Page 2 Finding for Authorization to Approve the Master Sign Plan with Deviations from the Sign Code 1) Section 9403g and Section 9404b6 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the Tustin Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. Gateway Plaza meets these criteria in that it contains approximately 30,400 square feet for commercial uses and is located within a center. The proposed signs are appropriate since Tustin Crossings 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. Finding for Secondary On-building Sign over 25 Square Feet 2) The proposed secondary on-building wall sign for the major tenant which is over 25 square feet would be compatible with the scale of the buildings in that the sign will be of a size scalable to the tenant's building street frontage; the secondary sign faces a secondary arterial street; the sign will be located below the roof line; the sign is the only wall sign proposed that would not be consistent with the Tustin Sign Code; the sign would not detract from the building architecture; and, the tenant occupies 15,000 square feet of floor area whi9h, if divided into two (2) spaces, could result in the same amount of sign area as requested except it would be for two (2) separate tenants. Monument Sign Findings 3) The establishment of 17.5 foot high monument signs is appropriate for the center given that it is the only tenant directory sign for the center which faces onto primary and secondary arterial streets; the sign would be constructed of comparable colors and high quality materials that match the remodeled center, the sign would incorporate center identification on the sign base; the sign would not be located anywhere near a traffic visual obstruction area; the sign is close to the height of a sign recently approved by the Planning Commission for Lafayette Center across the street; and, the sign would replace a sign of comparable height that is currently utilized by the center but requires removal in association with a City-initiated Newport Avenue widening project. L- , Resolution No. 4001 Page 3 4) 5) 6) The increased tenant sign area on the monument sign is appropriate in that the applicant is not proposing a sign for each tenant in the center on the sign which results in less sign clutter; provides greater visibility to major tenant signs to draw persons into the center and results in exposure to businesses not identified on the sign; and, provides for larger font sizes making identified tenants visible from a greater distance to vehicular customers. General Master Sign Plan Findings Sign size and placement restrictions of the Tustin Sign Code and the intent and purpose of the sign regulations for the Retail Commercial Zone District are followed as closely as practicable in that the total area of on-building signs proposed does not exceed what is customary for a commercial center nor what could be allowed by the sign code were smaller tenant spaces proposed. The proposed monument sign is practicable given that the sign code allows for deviations to the code, only one monument sign is requested for the 30,000 square foot center and a sign for the commercial center across the street approximates the same height. There are special circumstances unique to the property to justify variations from the Tustin Sign Code in that the center sign would replace a sign of comparable height that is currently utilized by the center but requires removal in association with a City-initiated Newport Avenue widening project. 7) Granting of the permit will not have a negative impact on surrounding properties in that the master sign plan serves as a property improvement and prevents the proliferation of signs in the center. 8) The master sign program promotes the public health, safety, welfare and aesthetics of the community and that the granting of the permit meets the findings and intent of the Tustin Sign Code in that implementation of the Master Sign Plan will prevent the signage from becoming non-conforming or dilapidated in that, as conditioned, the master sign plan would ensure that the property owner carries out the necessary repairs and maintenance of the center's signs. Furthermore, the sign program promotes an orderly and efficient distribution of signs for the center while, at the same time, prevents the proliferation of unnecessary signs in the center. All proposed signs comply with visual clearance requirements of the Tustin City Code. Resolution No. 4001 Page 4 F. That this project is Categorically Exempt pursuant to Section 15304 (Class) of the California Environmental Quality Act. II. The Planning Commission hereby approves CUP 05-029 establishing a master sign plan that includes a 17.5 foot tall, 100 square foot, center identification/tenant directory monument sign; four (4) minor tenant identification signs within the monument sign that are 13.5 square feet each; a 36 square foot major tenant identification sign within the monument sign; and, a secondary on-building sign over 25 square feet for the major tenant for the Tustin Crossings commercial center located at 12932 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of meeting on the 24th day of October, 2005. ustin, at a regular Zl~.~ 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. 4001 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of October, 2005. E~#~.¿ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-029 GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 All signs shall substantially conform to the Master sign plan date stamped October 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 during plan check 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 signs, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-029 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 05-029, 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 - Conditions of Approval Resolution 4001 Cup 05-029 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 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 *** 2.4 The monument sign shall contain the center identification, a maximum of four (4) minor tenant identification signs, and a maximum of one (1) major tenant identification sign, 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. On-building signs, including secondary signs for the major tenant, may not exceed 75 square feet. The sign prohibitions of Tustin City Code Sections 9401 to 9413 shall apply to the subject commercial center in addition to any additional sign prohibitions proposed under the master sign program. Exhibit A - Conditions of Approval Resolution 4001 Cup 05-029 Page 3 FEES (1)(5) 3.1 (2) 3.2 Prior to issuance of any 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 permit 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.