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HomeMy WebLinkAboutPC RES 4031 RESOLUTION NO. 4031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 06-002 TO MODIFY A MASTER SIGN PLAN FOR THE TUSTIN CROSSINGS CENTER LOCATED AT 12932 NEWPORT AVENUE. THE MASTER SIGN PLAN MODIFICATION DEVIATES FROM THE TUSTIN SIGN CODE BY ESTABLISHING TOWER SIGNAGE FOR TWO (2) CENTER TENANTS THAT ARE NOT DIRECTLY LOCATED UNDER THE TOWER. 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 06-002, was filed by the Floyd Company, requesting authorization to modify an existing master sign plan for the Tustin Crossings Center located at 12932 Newport Avenue. The master sign plan modification deviates from the Tustin Sign Code by establishing tower signage for two (2) center tenants that are not directly located under the tower. B. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" and 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 of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element in that the addition of signs will not affect air quality. C. The project is located within the Retail Commercial "C1" zoning district where signs supporting permitted uses in centers are allowed with a master sign program. D. That a public hearing was duly called, noticed, and held for said application on August 14, 2006, by the Planning Commission. E. As conditioned, the proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood in that: 1) Section 9403g and Section 9404b6 of the Tustin City Code provides for the adoption of master sign programs and allows for deviations from standards contained in the Tustin Sign Code provided that the project is located within a center with at least thirty thousand (30,000) square feet of building area. Tustin Crossings Center meets the criteria in that it contains approximately 30,400 square feet for commercial uses and is located within a center. 2) Sign size and placement restrictions of the Tustin Sign Code and the intent and purpose of the sign regulations for the Retail Commercial Zone District are followed as closely as practicable in Resolution No. 4031 Page 2 that the tower where the signs would be located is within close proximity of the tenants and would provide visibility to the businesses as secondary signs which are allowed under the Tustin Sign Code for businesses occupying a suite that faces more than one street or parking lot. 3) There are special circumstances unique to the property to justify variations from the Tustin Sign Code as follows: a. The shopping center serves as more of a regional center than a typical strip mall; b. The shopping center has an existing sign program that ensures signs are constructed from quality materials, are of unique design, are placed in appropriate locations, and are maintained; and, c. The suites that will be allowed tower signs are partially obscured from traffic traveling on Old Irvine Boulevard and northbound on Newport Avenue. 4) Granting of the permit will not have a negative impact on surrounding properties, would promote public health, safety, welfare and aesthetics of the community, and would meet the findings and intent of the Tustin Sign Code in that the proposed signs would be subject to the existing sign program that will ensure the signs are constructed from quality materials, are of unique design, are placed in appropriate locations, and are maintained. F. That this project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. II. The Planning Commission hereby approves CUP 06-002 allowing a modification to the existing master sign program for the Tustin Crossings Center to allow two (2) center tenants to locate signs on a tower, 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 14th day of August, 2006. a~~~ ELIZABETH A. BINSACK Planning Commission Secretary Chairperson Resolution No. 4031 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4031 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of August, 2006. :iJ~d ~KA' .~/ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 06-002 GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped October 24, 2005, and the modified plan sheet date stamped August 14, 2006, 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) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for signs, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 06-002 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 As a condition of approval of Conditional Use permit 06-002, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW ... EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution 4031 Cup 06-002 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.6 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. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS ... 2.1 All conditions of CUP 05-029 and all requirements of the approved master sign plan shall continue to apply to the shopping center. ... 2.2 No more than two (2) "Shop B" tenants as indicated on the approved master sign site plan may maintain a tower sign. ... 2.3 Tower signs may not exceed 25 square feet in area. ... 2.4 All tower signs must be centered on the tower. ... 2.5 Should any sign in the shopping center be removed, it shall be the property owner's responsibility to ensure that the tenant patches and paints all damaged areas to match the finish and color of the adjacent surfaces. If the tenant fails to patch and paint damaged areas from the removed sign(s), it shall be the responsibility of the property owner. FEES (1)(5) 3.1 Prior to issuance of any sign permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A - Conditions of Approval Resolution 4031 Cup 06-002 Page 3 A. Building permit plan check and permit fees to the Community Development Department based on the most current schedule. (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 forty- three dollars ($43.00) 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.