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HomeMy WebLinkAboutPC RES 4011 RESOLUTION NO. 4011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05- 038 AUTHORIZING ESTABLISHMENT OF A MASTER SIGN PLAN FOR TEMPORARY PROJECT IDENTIFICATION SIGNS FOR THE VILLAGES OF COLUMBUS RESIDENTIAL COMMUNITIES (TRACTS 16581 AND 16582) LOCATED WITHIN THE MCAS TUSTIN SPECIFIC PLAN. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 05-038, was filed by Outdoor Dimensions on behalf of Moffett Meadows Partners, requesting authorization to establish a master sign plan for temporary project identification signs for the Villages of Columbus residential communities located within the MCAS Tustin Specific Plan. The master sign plan will encompass Columbus Square, also known as Tract 16851 and Planning Areas 4 and 5 and Columbus Gro,,-e, also known as Tract 16582 and Planning Area 21. B. The General Plan MCAS Tustin Specific Plan land use designation provides for the use.of temporary signs subject to the provisions of the Tustin Sign Code. 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. C. That a public hearing was duly called, noticed, and held for said application on December 12, 2005, by the Planning Commission. D. That the establishment, maintenance, and operation of the proposed temporary sign use 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 of such proposed use, 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) Section 3.12.1 A of the MCAS Tustin Specific Plan states that all signs at the site shall conform to the provisions contained in the Tustin Sign Code. 2) Section 3.12.1 C of the MCAS Tustin Specific Plan states that a master sign plan is required for a new development within the Specific Plan Area. Resolution No. 4011 Page 2 3) Pursuant to section 3.12.1 E of the MCAS Tustin Specific Plan, a master sign plan may deviate from the standards upon approval of a Conditional Use Permit. 4) Due to the size of the development, a master sign plan for temporary project identification -signs will promote coordinated design of signs throughout the development. 5) The proposed master sign plan will only address project identification signs that are temporary in nature. 6) All proposed signage will be located on private property and shall not encroach into the public right-of-way. 7) As proposed, the signs will serve as informational tools for project identification to both pedestrians and motorists. 8) The locations of the proposed signs will not obstruct or inhibit sight distance or visibility for motorists. 9) The proposed signs are consistent throughout each project site by incorporating common design elements including materials, letter style, colors, sign type, and sign shape. 10)The proposed signs are temporary and will be removed once the final home sale has been completed 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 approves Conditional Use Permit 05-038 authorizing the establishment of a master sign plan for temporary project identification signs for the residential communities of Columbus Square (Tract 16581) and Columbus Grove (Tract 16582). PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of December, 2005. JO NIELSEN Chairperson JJM~ ~ E IZABETH A. BINSACK Planning Commission Secretary Resolution No. 4011 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. 4011 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of December, 2005. EXHIBIT A RESOLUTION NO. 4011 CONDITIONAL USE PERMIT 05-038 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped on December 12, 2005, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Director may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Conditional Use Permit 05-038 approval shall become null and void unless permits are issued within six (6) months of the date of this Exhibit and substantial construction is underway. 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 All conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 05-038 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.5 As a condition of approval of Conditional Use Permit 05-038, 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 SOURCE CODES (1 ) STANDARD CONDITION (2) CEQA MlllGA liON (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4011 Page 2 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. (1) 1.6 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 by ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1) 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code, the National Electric Code and the Tustin City Code Section 9404(A)(1) as adopted by the City (including UL approvals). (1) 2.2 All signs, including any change of copy, requires review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. (5) 2.3 All signs shall conform to the MCAS Tustin Specific Plan, the City of Tustin Sign Code, and the Villages of Columbus master sign plan for temporary project identification signs. (5) 2.4 All signs and their supporting structures 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. (***) 2.5 Construction fencing banners shall be permitted at a distance of two hundred fifty (250) feet between one another. Construction fencing banners shall conform to the locations and graphics as prescribed in the master sign plan for the Villages of Columbus temporary project identification signs. Exhibit A Resolution No. 4011 Page 3 DURATION (***) 3.1 Upon completion of each of the subdivisions within the Columbus Square and Columbus Grove, all signs respective to the subdivision shall be removed and the site restored. (***) 3.2 Prior to release of the final grading bonds for Columbus Square and Columbus Grove, all temporary signs shall be removed from the properties and the vicinity restored. PUBLIC WORKS DEPARTMENT (1) 4.1 The proposed signs shall be located on private property with adequate sight distance per the City of Tustin's Public Works Standard No. 510. The locations of signs shall also comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations of the signs that are requested. 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 purposes. (1) 4.2 Any damage done to existing street improvements and utilities shall be repaired. (1) 4.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. BUILDING DEPARTMENT (5) 5.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2004 California Electric Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 edition. (1) 5.2 Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Exhibit A Resolution No. 4011 Page 4 FEES (1) . 6.1 Prior to issuance of any building permits, all payments shall be made of all applicable fees including the building division and sign permit fees. Payment shall be required based on upon those rates in effect at the time of payment and are subject to change. (1) 6.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier1s 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.