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Home My WebLink AboutPC RES 3751l0 14 20 23 24 2,7 28 RESOLUTION NO. 3751 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 00-025 AMENDING CONDITIONAL USE PERMIT 98-024 THAT ESTABLISHED A MASTER SIGN PROGRAM FOR THE RETAIL CENTER LOCATED AT 17260 EAST SEVENTEENTH STREET (ENDERLE CENTER). The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows' A. That a proper application, Conditional Use Permit 00-025, was filed by EMS Development on behalf of Enderle Center requesting an amendment of Conditional Use Permit 98-024 that established a master sign plan for the retail center located at 17260 East Seventeenth Street commonly known as Enderle Center. B. That the property is a commercial center-located in the Planned Community Commercial (PC-COMM)Zoning District and pursuant to Tustin City Code Section 9403(H)(2)(e), a Conditional Use Permit is required for an alternative amendment to the master sign plan that is less restrictive than the sign code. Gl That the proposed amendment to the master sign plan for a commercial center is consistent with the "Community Commercial" Land Use designation of the General Plan and has been determined to be consistent with the Air Quality Sub-element. D, That a public hearing was duly called, noticed, held and continued for said application on October 9, November 14, 2000, January 22, February 26, April 9, May 14, and August 13, 2001, by the Planning Commission. Ef Pursuant to Sign Code Section 9405c, the request to establish a master sign plan can be supported by the following findings' · The modified Master Sign Program, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood of the use, nor will it be injurious or detrimental to property or improvements in the vicinity or to the general welfare of the City in that the eventual removal of the five (5) existing monument signs and replacement of three (3) monument signs will provide a more uniform image to the center. 10 12 13 14 15 16 17 I. 18 19 20 Resolution No. 3751 Page 2 m The modified Master Sign. Plan, as conditioned, will not be. detrimental to surrounding properties in that the eventual removal of the five (5) monument signs and replacement of three (3) monument signs will be an improvement to the aesthetics of the retail center bY improving the quality of signs, creating consistency, and reducing sign clutter. The modified Master Sign Program will implement the policies within the initial Master Sign Program approved by the Planning Commission on November 23, 1998, which allowed the property owner to improve the sign. age by adding two new center identification signs and removing the non-conforming and dilapidated signs and replace them with consistent signage throughout the center. The one (1.) existing monument sign to remain is substantially consistent and compatible with the design of the center to allow it to be maintained in its existing configuration and location. Fi The project is Categorically Exempt Pursuant to Section 15311 Class 11 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Quality Act). The Planning Commission hereby approves CUP 00-025 amending Conditional Use Permit' 98-024 that established a master sign plan for Enderle Center located at 17260 East Seventeenth Street, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular ~-~meeting on the 13th day of August, 2001. 2322 \~ ~~~(.j~) LESLIE A. POffT!OUS 24 Chairperson 25 26 27 28 29 ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3751 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3751 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13t" day of August, 2001. to 12 14 17 18 19 20 21 22 23 24 26 2? 28 29 ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 00-025 CONDITIONS OF APPROVAL RESOLUTION NO. 375'1 1.1 1.2 The Enderle Center signs shall substantially conform with the Master Sign Program date stamped August 13, 2001, 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. 1.3 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. 1.4 Approval of CUP 00-025 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 within fourteen (14) days of the date of approval. The Director of Community Development shall establish the forms, and evidence of recordation shall be provided to the Community Development Department. .(1) 1.5 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. Ail conditions of approval stated in Resolution 3630 approving Conditional Use Permit 98-024, unless otherwise stated herein, shall be complied with as specified, subject to review and approval by the Community Development Department. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution 3751 Cup 00-025 Page 2 (***) 2.1 (***) 2.2 (***) 2.3 (***) 2.4 (1) 3.1 The tenant monument signs identified on the site plan as monument signs Nos. 2, 3, and 4 shall be removed and replaced with one (1) Replacement Monument Sign at Replacement Location #3 as identified in Section E.1 and illustrated in Section J of the approved Master Sign Program approved by the adoption of Resolution 3630. The replacement monument sign shall include no more than five tenants including those identified in existing signs 2, 3, and 4. The monument sign shall be similar to and compatible with the new center identification signs located on the southeast corner of Yorba and Seventeenth and the northwest corner of Enderle Center Drive and Vandenberg Lane subject to review and approval by the Community Development Director. The tenant monument sign identified on the site plan as monument sign No. 6 (Chin's Restaurant) shall be replaced in the same location by August 13, 2003. The design and placement of a thirty-two (32) square foot monument sign shall be reviewed and approved by the Community Development Director. Time extensions may be granted by the Community Development Director if a written request is received by the Community Development Department by July 13, 2003. An extension up to six (6) months may be granted subject to review and approval by the Community Development Director. The existing monument signs identified on the site plan as monument sign No. 1 (El Torito Restaurant) shall be removed and replaced with one (1) monument sign a maximum of thirty-two (32) square feet pursuant to the permit issued on June 30, 2001, with a similar design to the existing center identification monument signs. Existing monument sign No. 5, which identifies "Zov's Bistro and Bakery", is substantially consistent and compatible with the design of the center and exempt from removal or replacement. Prior to issuance of any permits, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. a. All applicable Building permit fees shall be paid to the Community Development Department. Exhibit A- Conditions of Approval Resolution 3751 Cup 00-025 Page 3 (2) 3.2 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 $43.00 (forty three dollars) 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.