HomeMy WebLinkAboutPC RES 4434 DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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:
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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.
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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.
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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 .
DocuSigned by:
D327386D898A43D...
DocuSigned by: AMY MASON
�.:J" `�� �. K)U&0 W Chairperson
ED45DA2623854A5...
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: Chu, Higuchi, Kozak, Mason, Mello (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
DocuSigned by:
( u �. K)
ED45DA2623854A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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.
DocuSign Envelope ID:ACB04EC4-EDB8-4F3F-B8CD-D1129EA95335
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.