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HomeMy WebLinkAbout02 PC REPORT MUTUAL PROPANE PLAZA DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E Olt 0 AGENDA REPORT ITEM #2 MEETING DATE: JULY 27, 2021 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0010 & SIGN CODE EXCEPTION 2021-0001 APPLICANT: JAMES P. CAIOPOULOS GALAXY OIL COMPANY 303 NORTH PLACENTIA, SUITE D FULLERTON, CA 92831 PROPERTY OWNER: GEOFF MOORE MUTUAL LIQUID GAS & EQUIPMENT CO., INC. 17117 SOUTH BROADWAY GARDENA, CA 90248 LOCATION: 1001 EDINGER AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY COMMERICIAL PACIFIC CENTER EAST SPECIFIC PLAN ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: A REQUEST TO AMEND THE MUTUAL PROPANE PLAZA MASTER SIGN PLAN TO INCLUDE CHANGEABLE COPY AND A SIGN CODE EXCEPTION FOR WAYFINDING ON EXISTING LED SIGNS WITHIN MUTUAL PROPANE PLAZA. A P i f 76 DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4434 approving Conditional Use Permit (CUP) 2021-0010 to authorize an amendment of the Master Sign Plan for Mutual Propane Plaza for the addition of changeable copy on the existing LED monument price sign and a Sign Code Exception (SCE) for the addition of static wayfinding copy on the existing LED freeway sign located at 1001 Edinger Avenue. APPROVAL AUTHORITY: Pursuant to Tustin City Code (TCC) Sections 9403i.2.(e) and 9404b.6, a CUP approved by the Planning Commission, is required for a master sign plan for centers that are at least 30,000 square feet in building square footage, or one (1) acre in area, and where signs would deviate from the standard requirements of the Tustin City Sign Code. Mutual Propane Plaza is eligible for a master sign plan CUP, because the project site is approximately 1.56 acres in area. Pursuant to TCC Section 9403f., the Planning Commission has the authority to grant or conditionally grant all exceptions to various sign regulations ("Sign Code Exemption"), including the addition of wayfinding text on a business identification sign, through the approval of a SCE. BACKGROUND: Project Site and Surrounding Uses The 1.56-acre site is developed with the existing Mutual Liquid Gas & Equipment Co. (Mutual Propane) business, comprised of two (2) buildings totaling 3,048 square feet and a 76 service station at the southwest portion of the property. The subject property is bound by California State Route 55 to the west, railway tracks and a residential community to the north, City-owned vacant property to the east, and the Fairfield Inn & Suites hotel across Edinger Avenue to the south (Figure 1). The two (2) businesses are established on a single parcel with a block wall that separates the uses, however, the site is served by a single driveway located along Edinger Avenue. Mutual Propane is an industrial auxiliary fuel supply operation which was established in 1968 with the approval of Use Permit 68-266, which permitted the installation of a liquid gas storage tank at the subject property. The front building serves an office that sells propane parts; and, the back building and propane tank are available to customers for propane dispensing. The existing 76 service station was established by CUP 2016-25, Design Review 2016- 21, and Lot Line Adjustment 2017-01. The 76 service station is located adjacent to Edinger Avenue and California State Route 55 at the southwest portion of the property. The 76 service station site is improved with four (4) pump islands, ten (10) pumps, a utility kiosk, and an air and water unit. The service station is unmanned, which means DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 3 that the fuel service is self-serve only and payment transactions are conducted digitally using the dispensing machines. OV r Liquid industrial auxiliary Service Station Canopy fuel supply operation • 9th a - r r� , a n Figure 1 —Aerial Plan MASTER SIGN PLAN: Following approval of the 76 service station, the Planning Commission adopted Resolution No. 4372 on August 28, 2018, approving CUP 2018-00006 for a master sign plan for Mutual Propane Plaza. The master sign plan allowed new signage for both tenants and includes guidelines for: business addressing, wall signage, canopy signage, a monument price sign, and a freeway sign (Figure 2). DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 4 I CMU 1 inti�► a t I 1 I Block - 2T-o- - Wall " CO.vrpr " • •- I �- Ingress/#I . - i � I EDINGER AVENUE SIGN LEGEND VOMPTION Qt1"mn Y SQ.". TOTAL SQSM CANOPY FASCW BIONS 2 6 12 13 L.E.D..MONUMENT PRICE SIGN 1 46 48 2=6"SETBACK [a WALL SIGN 1 F5 5 ElKfILnINCIADOREs5 NUMBERS 1 2,5 ( 2.5 13 WALLSIGN _...— 1 20 _20 GREEN AY POLE 8113N156 =1 IGN1 156 'x"SETBACK Figure 2—Site Plan DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 5 The applicant requests a master sign plan amendment to allow the addition of changeable copy area on the LED monument price sign (Sign B in Figure 2) and a SCE to allow static wayfinding copy on the LED freeway pole sign (Sign F in Figure 2). Sign History During sign construction, the LED monument sign was installed with an unauthorized changeable copy area and wayfinding copy reading "Edinger Exit" was added on the LED freeway sign. The modifications to the approved signs were identified during inspections and the applicant was directed to modify the signs in order to comply with the approved sign permits as allowed by the Master Sign Plan or submit a request for an amendment of the Master Sign Plan. Sign Type B — Monument Sign Sign Type B is a double-sided LED monument sign that provides business identification and price information for the 76 service station and includes the "Mutual Propane Plaza" center name at the bottom of the sign. The monument sign is located perpendicular to Edinger Avenue (Figure 3). The sign was approved and constructed at the maximum sign height of six (6) feet and the maximum allowable sign area of forty-eight (48) square feet. The approved LED sign copy, as shown in Figure 3, features gasoline price information associated with three (3) methods of payments. The business accepts four (4) methods of payment at its gas stations: cash, debit, credit and the "My 76 Mobile Application" and 76 Card" pricing. The proposed (and existing unauthorized) changeable copy, illustrated in images 1 and 2 of Figure 4, features the "My 76 Mobile Application" and 76 Card" price in addition to other types of fuel pricing. The copy on the digital displays are proposed to change at 10-second intervals. �w ��oNr vt�w AwUMINW EXTRUSION FOAMACCEHT CAMRIETS (NON STRUCTURAL) 4 STONE VENEER WON STRUCTURAL). .}. MUTUAL POO AX-'PLAZ.LOW r IS INC_INTO 0GOAL FACE �_._ ._ .g-..._...__..___. _... (NON STRUCry MP 48 SO.Ff. ' I�IV7ER�N�AI EP QT1*:OPIE(1) Figure 3—Approved Sign Type B DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 6 D DIESEL MY r a PRICE$3.81 ret r DISPLAY B$SbC0N0N3"c;�-.;,L PRODUCTSDISPAYED DIESEL+ PRICE STRUCTURE 'CASH*,VDIK APP 6 76 CARD' Figure 4—Proposed Changeable Copy Type B Image 1 - 9 CARD] (ASH MOBIL A PP PRICE & 7 DISPLAY C-8 SECOND INTERVAL PRODUCTS DISPAYED:REGLLAR PRICE STRUMRE:TASH','MOBIL APP 8.76 CARO Figure 4— Proposed Changeable Copy Type B Image 2 Sign Type F — Freeway Sign Sign Type F is a double-sided aluminum freestanding freeway sign located adjacent to California State Route 55, the 76 service station, and Mutual Propane business tenant signs (Figure 5). The following compares the features of the approved sign and proposed changes: Feature Previously Approved Proposed Height 55 feet high No Change Copy area 120 square feet No Change Display Type Non-changeable copy Static digital display background (Static)background Copy 76 logo Static digital display of 76 logo and "BEST 4 LESS" Other copy None Static wayfinding copy to read"Edinger Exit" Background White (static) Black(static digital display) color DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 7 2T r•— KV 14 I Figure 5—Approved Sign Type F & Figure 6—Proposed/Unauthorized modifications DISCUSSION: The proposed Master Sign Plan amendment includes the addition of changeable copy display area on the LED monument for the purpose of displaying fuel prices and a SCE for the addition of static wayfinding copy on the existing LED freeway sign, to read, "Edinger Exit". LED Changeable Copy Monument Price Sign Pursuant to TCC Section 9404b.1., changeable copy signs are permitted subject to CUP approval. Pursuant to TCC Chart 9408, prices of all major grades sold on-premises shall be identified by a service station. The original approved LED copy on the monument price sign identified all major fuel grades sold at the cash, debit, and credit prices. However, the business accepts four (4) methods of payment: cash, debit, credit and the "My 76 Mobile Application" and 76 Card". The "My 76 Mobile Application" and 76 Card" pricing DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 8 is an expansion of pricing that identifies the fourth payment category. The proposed changeable copy allows the business to feature the price of fuel when using the fourth type of payment, "My 76 Mobile Application" and 76 Card" price. The new sign copy area consists of a new digital changeable copy, colored display that is proposed to transition every eight (8) seconds to display the various payment types. The request by the applicant to be able to display all types of acceptable payments is a reasonable request and it is also a requirement of the TCC to display all fuel pricing. The attached Resolution No. 4434 provides the required findings, in addition to the conditions of approval to limit the sign copy to fuel pricing and limiting the change of the display to a minimum of eight (8) second intervals. Wayfinding Sign Code Exception for Freeway Sign Pursuant to TCC Section 9403f., the Planning Commission has the authority to grant or conditionally grant exceptions to various sign regulations, including wayfinding text on a business identification sign, through the approval of a SCE. The applicant is proposing to add "Edinger Exit" through a SCE as the Tustin Sign Code does not explicitly permit wayfinding on a business identification sign. Exceptions to the Tustin Sign Code can be made when special circumstances unique to the property exist. The request by the applicant to be able to display the additional wayfinding "Edinger Exit" text is reasonable since the California State Route 55 Edinger Avenue off-ramp, required to access the subject property, is not easily recognizable and the proposed static wayfinding copy will direct motorists traveling southbound to exit at the proper off-ramp. The attached Resolution No. 4434 provides the required findings for this type of request. CONCLUSION: As proposed, the amendment of the Master Sign Plan for Mutual Propane Plaza for the addition of changeable copy for pricing only on the existing LED monument price sign and a SCE for the addition of static digital wayfinding copy on the existing LED freeway sign provides a coordinated and quality sign design for the site. Analysis of CUP 2021- 0010 has determined that establishment, maintenance, and operation of the proposed amendment to the Master Sign Plan, will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of 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. Analysis of SCE 2021-0001 has determined that the static wayfinding copy is beneficial to the traveling public and promotes the public health, safety, welfare and aesthetics of the community. Findings to support the requests have been included in Planning Commission Resolution No. 4434. Accordingly, staff recommends that the Planning Commission approve the proposed project. DocuSign Envelope ID:7458D2DC-3F43-48EC-9A10-441D71A5EE2E PC Report July 27, 2021 CUP 2021-0010&SCE 2021-0001 Page 9 Da'usigned by: �DacuSigned 6y: ,�t.SSiLa, bin, 1598CDEC199DA2E ED45DA2623B54A5 Jessica Newton Justina L. Willkom Associate Planner Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Master Sign Plan with Proposed Amendments D. Resolution No. 4434 ATTACHMENT A LOCATION MAP 300-foot, 500-foot, and 1,000-foot Radius Map a: 1,000-foot 500-foot el 300-foot r. r \\ \ E 1M, \ 1 J \\ s I, \ —1 � r \�l 3 Location Map 1001 Edinger Avenue Conditional Use Permit 2021-0010 & Sign Code Exception 2021-0001 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2021-0010 &SCE 2021-0001 2. LOCATION: 1001 EDINGER AVENUE 3. APN(S): 430-252-10 &430-252-15 4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: UP 68-266: LIQUID GAS STORAGE TANK FOR INDUSTRIAL FUEL SUPPLY CUP 2016-25, DR 2016-21 & LLA 2017-01: ANCILLARY FUEL SUPPLY SERVICE STATION, CUP 2018- 00006: MUTUAL PROPANE PLAZA MASTER SIGN PLAN 5. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: COMMERCIAL EAST: VACANT WEST: STATE ROUTE 55 AND CITY OF SANTA ANA 6. SURROUNDING ZONING DESIGNATION: NORTH: (ACROSS RAILWAY TRACKS) PLANNED DEVELOPMENT (PD) SOUTH: (ACROSS EDINGER AVENUE) PLANNED COMMUNITY COMMERCIAL (PC-COM) & PACIFIC CENTER EAST SPECIFIC PLAN (SP-11) EAST: PC-COM & SP-11 WEST: (ACROSS STATE ROUTE 55) CITY OF SANTA ANA 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: (ACROSS RAILWAY TRACKS) HIGH DENSITY RESIDENTIAL (HDR) SOUTH: (ACROSS EDINGER AVENUE) PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) EAST: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) WEST: (ACROSS STATE ROUTE 55) CITY OF SANTA ANA 8. SITE LAND USE: EXISTING PROPOSED USE: COMMERCIAL NO CHANGE ZONING: PLANNED COMMUNITY COMMERCIAL & NO CHANGE PACIFIC CENTER EAST SPECIFIC PLAN GENERAL PLANNED COMMUNITY COMMERCIAL/BUSINESS NO CHANGE PLAN: DEVELOPMENT FACTS: 9. LOT AREA: 67,850 SQUARE FEET OR 1.56 ACRES 10. BUILDING LOT COVERAGE: 100% MAX. PERMITTED 4.9% EXISTING 11. SITE LANDSCAPING: EXISTING 24.2 FEET FRONTING EDINGER AVENUE 21% INTERIOR PARKING LOT 12. PARKING: MUTUAL PROPANE: REQUIRED 4.5 SPACES/1,000 S.F. EXISTING 12 SPACES 76 STATION: REQUIRED 1 PARKING SPACE/PUMPING ISLAND EXISTING 4 SPACES 13. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) - TUSTIN AVENUE AND NEWPORT AVENUE EXTENSIONS Forms:Land UseApplicationFactSheet ATTACHMENT C MASTER SIGN PLAN WITH PROPOSED AMENDMENTS �\ E 0 4-1 / ® > 00 -j L \ w \ ƒ / / / \ % � \ « o ~ 6 « G - a . f 4-1 u LU A \ $ m m e a s Cl- / / f & 4-1 / \ 3 � \ ? \ LU ? Ll � � � � I g �044. LU I G� LU LU } e =L ^ \ \ \ ° ° N )�) _ § j7 a - - - - ± ° $ " - \»§ ; / - LD of iE <, \ § % / S. / ! �\ e / Lunn § c (Ii c / j / § / \ J / / \ \ E % \ 0E « C ~ 6 � « y « e g co % 2 QJ/ J m o: § / A \ e q 2 p '7 / § & m / ƒ 2 F- O & c \ ] n n f - (D > \ 7 \ — $ 3r ) CO [2 ` - ) / \ / / - )/ j< / g43 § ± e = gp 2 zuc 7w \ \ \ % \ \ \ U) / 0LIJ ® � 3 ± ± §� % g ] \ n \ ] n - - _ \ f _I \ \ \ / ]5 _ z _ _ @ : — - ( ® \ 4 [ \ \ / \r * - { � a \\ � / // \ui� � _ : / % / / < : ® _ )CO ^ - k } / \ / \ \ E \ = j « e \ — 20- o \ / § fg g 0 \ \ \ \ } \\ \ S ± ® G < § = eee F- n � � \ © » / � � § . � o � o = u cW $ E / GE / � §� �� �\ E 0 2 / 2 / \ { / / £ \ ® a- /& « ~ E k j C « ° 6 « « a 2 \ f E 2 L A g $ m m e 2 s Cl- / / f & / / \ « / « � 6 / ± c : 6 , : « S © ^ / S @\ \ \ \} ZT § \- C. \ \ \\ .m c, 7 ❑F��il[ELU § ^ . ❑�� �§ � � - * � _ - ❑��� - \ \\\ _ ❑�� § k 65 _D ❑El P[-Hl , CD \ § 2 - j - /� � � v o O QJ cV Z vNi Q 00 J u1 o O Q iJi N 4 N ^ E Q 0) m u 1 Z Q Q Q C: m z N a V 00a V W QJ ItM Q QJ v QJ O N om ^4 ,> N M -C V Y N d F- O o N 'H'V'0,55 z w 0 a 'w w W W M d C=C III.G I M O - a O �v N •' Vl Q,un m la LU m= v2 0= W x CO x m x� F-- a°rW� IL",o -,Lt 0 W V1 oyFu� oNIW-0 d101 d2m4 O.SfAQ a2rn¢ Q n w wLU w _ r'__ ---- ------- - ------ ------ - o`uC Z z ¢ z ------ - -- >0. W iN 1-v U O O : { O m co w 0 Z '�= J V z z W fwLd m LL m m m � N��� im O W W O G N / Lunn § c (Ii c / j \ 0 / \ J / / \ \ E % \ 0E « C ~ 6 � « y « e g co % 2 A \ f / \ — : § / e q m o 2 Qj p '7 / § & m / ƒ 2 F- O & c \ y / a � � \ \ } \ \cl- � � ¢ z u 0 oo0 u 2< a 7 < » 7Cz ƒ � % \ 2 k-D ATTACHMENT D RESOLUTION NO. 4434 RESOLUTION NO. 4434 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2021-0010 AND SIGN CODE EXCEPTION 2021-0001 TO AUTHORIZE AN AMENDMENT TO THE MASTER SIGN PLAN FOR MUTUTAL PROPANE PLAZA FOR THE ADDITION OF CHANGEABLE PRICING ONLY COPY ON THE EXISTING LED MONUMENT PRICE SIGN AND A SIGN CODE EXCEPTION FOR THE ADDITION OF STATIC WAYFINDING COPY ON THE EXISTING LED FREEWAY SIGN LOCATED AT 1001 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper applications, Conditional Use Permit (CUP) 2021-0010 and Sign Code Exception (SCE) 2021-0001 , were filed by James P. Caiopoulos, of Galaxy Oil Company, to amend the Master Sign Plan for Mutual Propane Plaza for the addition of changeable copy on the existing LED monument price sign and a SCE for the addition of static wayfinding copy on the existing LED freeway sign. B. That, pursuant to the Tustin City Code (TCC) Sections 9403i.2.(e) and 9404b.6, a CUP for a master sign plan, approved by the Planning Commission, is required for centers that are at least 30,000 square feet in building square footage, or one (1) acre in area, and where signs would deviate from the Tustin Sign Code. C. That the proposed Master Sign Plan is consistent with the Tustin General Plan in that the Mutual Propane Plaza site is designated as Planned Community Commercial, which allows for commercial land uses and supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin'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 July 27, 2021 , by the Planning Commission. E. That the proposed Master Sign Plan 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: Resolution No. 4434 Page 2 1 . Pursuant to TCC Sections 9403i.2.(e) and 9404b.6, a CUP for a master sign plan, reviewed and approved by the Planning Commission, is required for centers that are at least 30,000 square feet in building square footage, or one (1) acre in area, and where signs would deviate from the Tustin Sign Code. Mutual Propane Plaza is 1 .56 acres in project area. 2. The proposed amendment of the Master Sign Plan for Mutual Propane Plaza, for the addition of changeable pricing only copy on the existing LED monument price sign, requires a CUP. As conditioned, the requested deviations for the proposed electronic changeable copy shall not create a distraction or confusion to vehicular traffic. 3. As conditioned, adequate sign standards are contained within the Master Sign Plan to reflect a common theme, incorporate design elements in terms of sizing, scale, massing, materials, letter styles, colors, sign type and sign shape to ensure that signage has been coordinated throughout the project site. 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 center. 5. The Traffic Engineering Division of the Public Works Department has reviewed the proposed Master Sign Plan and has concluded that, as conditioned, there will be no adverse traffic impacts resulting from the signs authorized by the proposed Master Sign Plan. F. That Pursuant to TCC Section 9403f., the request to grant the SCE for the wayfinding text on a business identification sign can be supported by the following findings. 1. Sign size and placement restrictions of the sign code shall be closely followed as practicable. The existing freeway sign size and placement is consistent with the context, scale, and objective of the sign, which is to provide identification for businesses that provide services to the freeway. The SCE for the addition of static wayfinding copy on the existing LED freeway sign would not result in any structural changes to the existing sign as established by the Master Sign Plan. 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. Resolution No. 4434 Page 3 The intent of the sign regulations shall be followed as closely as practicable in that a freeway sign currently serves to provide identification for businesses that provide services to the freeway and the existing height of the freeway sign provides visibility and wayfinding for the on-site automobile service business to passing motorists. 3. There are special circumstances unique to the property to justify the exception. The California State Route 55 Edinger Avenue off-ramp required to access the subject property is not easily recognizable and the proposed static wayfinding copy will direct motorists traveling southbound to exit at the proper off-ramp. 4. Granting the exception will not have a negative impact on the surrounding properties. The proposed static wayfinding copy will not be detrimental to, or have a negative effect on, surrounding properties in that the wayfinding copy for "Edinger Avenue" on the freeway sign is beneficial to the traveling public and will not create additional glare or be a distraction to surrounding properties. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and the granting of the exception meets findings and the intent of the sign code. The proposed static wayfinding copy serves to identify the "Edinger Avenue" off-ramp for motorists to the on-site automobile service businesses. As indicated in the above findings, the request meets the intent of the Tustin Sign Code. G. 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. II. The Planning Commission hereby approves CUP 2021-0010 authorizing the amendment of the Master Sign Plan for Mutual Propane Plaza for the addition of changeable copy of gas pricing only on the existing LED monument price sign and SCE 2021-0001 for the addition of static wayfinding copy on the existing LED freeway sign pursuant to the TCC, subject to the conditions of approval contained within Exhibit A. Resolution No. 4434 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of July, 2021. AMY MASON Chairperson JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4434 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 27th day of July, 2021 . PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4434 CONDITIONAL USE PERMIT 2021-0010 & SIGN CODE EXCEPTION 2021-0001 CONDITIONS OF APPROVAL 1001 EDINGER AVENUE GENERAL (1) 1.1 Signage shall substantially conform to the submitted Master Sign Plan for the project date stamped July 27, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 Approval of Conditional Use Permit (CUP) 2021-0010 and Sign Code Exception (SCE) 2021-0001 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.5 As a condition of approval of CUP 2021-0010 and SCE 2021-0001 , 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. 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. 4434 Page 2 The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (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 2021-0010 and/or SCE 2021-0001 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 2021-0010 and SCE 2021-0001 , or is found to be a nuisance or negative impacts and/or 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 CUP 2021-0010 and/or SCE 2021-0001. SIGNAGE (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 the Mutual Propane Plaza 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 Sign Plan and approved by the Community Development Department. (***) 2.3 All signs shall be restricted to display approved copy per the Mutual Propane Plaza Master Sign Plan and corresponding sign permit(s). (***) 2.4 No signs with LED screens shall display unapproved graphics nor animation that has not been approved per the Mutual Propane Plaza Master Sign Plan. (***) 2.5 The changeable copy monument sign shall be limited to displaying gasoline pricing information only. There shall be at least a ten (10) second delay between changes of message content. (***) 2.6 The LED freeway sign shall be limited to static display only as shown on the Master Sign Program. Exhibit A Resolution No. 4434 Page 3 (***) 2.7 The LED freeway and monument screens brightness shall not exceed 0.3-foot candles over ambient lighting conditions when measured at a distance of 110 and 55 feet, respectively. (***) 2.8 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. FEES 3.1 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 OC CLERK-RECORDER 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.