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HomeMy WebLinkAboutPC RES 4038 RESOLUTION NO. 4038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 06- 011 AUTHORIZING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE VALENCIA BUSINESS CENTER LOCATED AT 1382 VALENCIA AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 06-011, was filed by Todd Travis Design on behalf of M2 Properties, Inc., requesting authorization to establish a master sign plan for the Valencia Business Center located at 1382 Valencia Avenue. The master sign plan will deviate from the City of Tustin Sign Code in allowing a maximum sign square footage of twenty (20) square feet. The City of Tustin Sign Code only allows for a maximum sign square footage of twelve (12) square feet for individual tenant wall signs located in an industrial center. B. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as "Planned Community Commercial/Business" and allows for business 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. C. The project is located within the Planned Community Industrial "PC-IND" 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 September 11, 2006, by the Planning Commission. E. That the establishment of 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 of Tustin in that: 1. Section 9403g of the Tustin Municipal Code requires a master sign plan for developments located within a specific plan or planned community district. The project site is located within a planned community zoning district and is part of a larger specific plan. Resolution No. 4038 Page 2 - ~. - ~ --- : ',. i i , t "' I 2. Section 9403.h.2 of the Tustin City Code establishes criteria (a-e) that must be met for master sign plans. The proposed master sign plan would meet this criteria as follows: (a) The signs would reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape in that all on-building signs would consist of reverse pan channel halo lighting, would be limited to a maximum sizing, would be limited to the same font or optional registered trademarked or copyrighted logo and/or typeface, and would be limited to the locations of an approved 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 building on the site in both daytime and nighttime situations in that all signs would consist of an aluminum construction frame painted "Medium Gray Metallic. " (c) The existing building contains no signs; therefore, the master sign plan does not require designation of signs to be replaced to enable existing signs to be consistent with the master sign plan. (d) The master sign plan designates the property owner and/or designated manager as the primary liaison with the City for all sign permit requests. As indicated in the master sign plan, the property owner and/or designated manager would not allow a tenant to place signs on the building without first verifying that the proposed signs conform to the approved master sign plan. (e) Because the center is a single building, 74,000 square feet in area, the Planning Commission may approve a conditional use permit allowing the master sign plan to deviate from the specific standards for permanent business identification. 3. The requested deviation from the City Sign Code is 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. 4. The proposed master sign plan for the Valencia Business Center will provide coordinated and quality sign design in a center that will require a large number of signs. 5. The maintenance and removal of any future signs for the Valencia Business Center are adequately addressed in the proposed master sign plan and conditions of approval. 4 HIE ~ ~ ; li Ii !_ Resolution No. 4038 Page 3 F. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 06-011 authorizing the establishment of a master sign plan for the Valencia Business Center located at 1382 Valencia Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of September, 2006. &~~A2"A_-'/ ELIZABETH A. BINSACK Planning Commission Secretary 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. 4038 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of September, 2006. a~,d/2:__-<: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4038 CONDITIONAL USE PERMIT 06-011 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on September 11, 2006, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Director may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 06-011 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.4 As a condition of approval of Conditional Use Permit 06-011, 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 (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4038 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 by ordinance. (1 ) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1 ) (1 ) (5) (5) .... FEES 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code, the National Electric Code, and Tustin City Code Section 9404(A)(1) as adopted by the City (including UL approvals). 2.2 All signs require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. 2.3 All signs shall conform to the Valencia Business Center master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in the Valencia Business Center master sign plan. 2.4 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. 2.5 The property owner must ensure that any demarcation, void, or projections on the building resulting from installation and subsequent removal of any tenant sign is repaired in a seamless manner so that the damaged area matches the materials, finish, and color of the adjacent building's wall surfaces. Within thirty (30) days of a tenant vacating the building, all signs shall be removed and repaired to the satisfaction of the Community Development Director. (1 ) 3.1 Prior to issuance of any sign permits, all payments shall be made of all applicable fees including the building division and sign permit fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 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) Exhibit A Resolution No. 4038 Page 3 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.