HomeMy WebLinkAboutPC RES 4448 RESOLUTION NO. 4448
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
2021-0018 FOR THE ESTABLISHMENT OF A MASTER SIGN ,
PLAN FOR A COMMERCIAL SHOPPING CENTER LOCATED AT '
1091 OLD IRVINE BOULEVARD
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Conditional Use Permit (CUP) 2021-0018, was
filed by Matthew Baca, *representing Aldi Incorporated, requesting
authorization to establish a master sign plan for the Aldi Shopping Center
located at 1091 Old Irvine Boulevard.
B. That pursuant to Tustin City Code (TCC) Section 9404b.6, master sign
plans for centers of at least thirty thousand (30,000) building square feet
or one (1) acre in project size may deviate from the TCC standards upon
approval of a CUP. The Planning Commission is the review authority for
the proposed CUP in accordance with Section 9404b. of the TCC.
C. The proposed Master Sign Plan complements and enhances the shopping
center and offers a different design and scale than what is allowed by the
TCC with the approval of a CUP and the context, scale, and purpose of the
proposed signage in the Master Sign Plan is consistent with the project
site's contemporary architecture.
i
D. That the proposed Master Sign Plan is consistent with the Tustin General
Plan in that the property has a Community Commercial land use designation
which allows for commercial uses and their supporting signs. In addition,
the project has been reviewed for consistency with .the Air Quality Sub-
element of the City's General Plan and has been determined to be
consistent with the Air Quality Sub-element.
E. That a public hearing was duly called, noticed, and helyd for said application
on April 12, 2022, by the Planning Commission.
a
F. That in determining whether to approve the CUP for the proposed Master
Sign Pian, the Planning Commission must determine' whether or not the
proposed signage will 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 of
Tustin. A decision to approve this request may be supported by the following
findings:
1. Pursuant to TCC Sections 9404b6 and 9403h, a master• sign
program is required for multi-tenant centers and an applicant may
follow a comprehensive master sign plan that differs from the Tustin
Sign Code standards provided that the project is a center in a single
development project with at least thirty thousand (30,000) square
feet of building area or one (1) acre in project size, upon submittal of
an application and approval of a.conditional,use permit.
2. The proposed Master Sign Plan complies with TCC Section 9403i.1
in that 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.
3. The proposed Master Sign Plan complies. with TCC 940312 that
establishes criteria that master sign program must meet:
a) Signs would reflect a common theme, incorporating design
elements in terms of materials, letter styles, colors, illumination,
sign type and sign shape in that wall sign criteria will unify the
design features of wall signs and monument sign for multiple
tenants and would be limited to the locations approved in the
master sign plan.
b) Signs would utilize materials, colors, and a design motif which
are compatible and which reflect the special qualities of the
architecture of the buildings on the site in both daytime and
nighttime situations.
c) Any existing signage on the site will be removed and replaced
with new signs are described in the proposed Master Sign Plan.
d) The Master Sign Plan designates the property
owner/management as the primary liaison with the City for the
purpose of requesting approval of the Master Sign Plan and for
submitting sign permit requests in conformance with the
approved Master Sign Plan.
e) The project site is comprised of a single development.project
containing more than thirty thousand (30,000) square feet of
building area and therefore allows the Master Sign Plan to
deviate from the specific sign standards for permanent business
identification upon approval of a CUP.
4. The requested deviations from the Tustin Sign Code are minor and
keeps the proposed signs within the context and scale of the building
and surrounding uses. Signs will be appropriately visible while at
the same time maintaining the visual quality of the site.
5. The proposed Master Sign Plan will provide coordinated and quality
sign design in a development that will require a multiple wall signs
and provide an opportunity for a coordinated monument sign for the
center, avoiding uncoordinated and mismatched signs that would
detract from the visual quality of the development. The signs
proposed within the master sign plan are typical of a shopping center
development. Similar sign plans have been provided in the
development of other shopping centers.
6. The maintenance and removal of any future signs are adequately
addressed in the proposed Master Sign Plan.
7. The Traffic Engineering Division of the Public Works Department has
reviewed the proposed Master Sign Plan and has concluded that, as
conditioned, the monument sign will be required to comply with sight
distance visual clearance to ensure there will be no adverse traffic
impacts resulting from the authorized sign.
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 construction of
accessory structures including on-premise signs.
II. The Planning Commission hereby approves CUP2021-0018 authorizing the
establishment of a master sign plan for the commercial shopping center located at
1091 Old Irvine Boulevard subject to the Conditions of Approval contained within
Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting
on the 1211 day of April, 2022.
DAVE MEL,,Ldi
Chairperson
JLWtina L. Willkom
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California and that Resolution No. 4448 was duly passed
and adopted at a regular meeting of the Tustin Planning Commission held on the 12th day
of April, 2022.
PLANNING COMMISSIONER AYES: cftT, HICUCHT, KOZAK, MASON, MELLO (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JustM L. Wiilkom
Planning Commission Secretary
EXHIBIT A
RESOLUTION 4448
CONDITIONAL USE PERMIT 2021-0018
MASTER SIGN PLAN FOR ALDI SHOPPING CENTER
1091 OLD IRVINE BOULEVARD
GENERAL
(1) 1.1 Signage shall substantially conform to the submitted. Master Sign Plan for the
project date stamped April 12, 2022, 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 The conditions contained in this Exhibit shall be complied with as specified, subject
to review and approval by the Community Development Department.
1
(1) 1.3 This approval shall become null and void unless permits are pulled and
substantial construction of the proposed signage is underway within twelve (12)
months of the date of this Exhibit. Time extensions may i e granted if a written
request is received by the Community Development Department within thirty(30)
days prior to expiration. I -
(1) 1.4 Approval of Conditional Use Permit (CUP) 2021-0018 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 of Community Development Director, and evidence of
recordation shall be provided to the Community Development Department.
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an
Administrative Citation pursuant to TCC Section 1162(a).
(1) -1.6 As a condition of approval of CUP 2021-0018, the applicantfshall 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
SOURCE CODES
(1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PCICC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Resolution 4448-Exhibit A
April 12, 2022
Page 2
such action. The City may, at its sole cost and expense, elect to participate in the
defense of any such action under this condition.
(1) 1.7 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.
SIGNS
(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 Aldi Master Sign Plan and revert to the 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 Director.
(1) 2.3 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.
(1) 2.4 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to
degrade in adverse weather conditions.
(1) 2.5 The locations for any signs shall comply with the City of Tustin Guidelines for
Determining Sign Location Usual Clearance and Public Safety Areas. Signs shall
not be placed in a manner that will obstruct or inhibit sight distance or visibility for
the motorist. 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) 2.6 The interior window display/changeable copy shall be limited to only lifestyle and
product imagery that relates to the business, including fresh produce and other
store related items. No text, no advertising and no animated copy is allowed.
FEES
(1) 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.COUNTY CLERK 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-
Resolution 4448-Exhibit A
April 12, 2022
Page 3
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.
(1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP)
a) The applicant/contractor may be required to submit a WRRP to the Public
Works Department. The WRRP must indicate h'ow the applicant will
comply with the City's requirement (TCC Section 4351, et al) to recycle at
least 65 percent of the project waste material.
b) The applicant may be required to submit a fifty-dollar($50.00) application
fee and a cash security deposit. Based on the review of the submitted
Waste Management Plan, the cash security depositlwill be determined by
the Public Works Department in an amount not to exceed five (5) percent
of the project's valuation.
c) Prior to issuance of a permit, if WRRP is required, the applicant shall
submit the required security deposit in the form of cash, cashier's check,
personal check, or money order made payable to the "City of Tustin".
I
i
i
I
I
i