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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.