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HomeMy WebLinkAboutPC RES 4528Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 RESOLUTION NO. 4528 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 2024-0011 AUTHORIZING THE CONSTRUCTION AND OPERATION OF A CHANGEABLE COPY DISPLAY AND DEVIATION FROM THE TUSTIN CITY CODE DEVELOPMENT STANDARDS FOR CENTER IDENTIFICATION MONUMENT SIGNS AND DESIGN REVIEW 2024-0018 FOR AN AMENDMENT TO THE MASTER SIGN PLAN FOR SIGN DESIGN AND SITING FOR THE TUSTIN MARKET PLACE REGIONAL SHOPPING CENTER LOCATED AT 2740-3030 EL CAMINO REAL The Planning Commission of the City of Tustin, California does hereby resolve as follows: The City of Tustin Planning Commission finds and determines as follows: A. That a proper application has been submitted by David Baab of Baab and Associates on behalf of Irvine Company Retail Properties for Conditional Use Permit (CUP 2024-0011) and Design Review (DR 2024-0018). The request is for the approval of a 65-foot-tall center identification monument sign with double sided digital changeable displays measuring thirty-two (32) feet by forty (40) feet. The proposed sign dimensions exceed the standards allowed under the Tustin City Code (TCC) and are located within The Tustin Market Place at 2740-3030 El Camino Real. B. That the development application includes the following requests: Conditional Use Permit (CUP) 2024-0011 to authorize a 65-foot-tall changeable copy (digital display) and to authorize a deviation from the maximum allowable height and sign area standards for center identification monument signs, and 2. Design Review (DR) 2024-0018 to amend the Master Sign Plan for The Market Place and for the design and siting of a 65-foot-tall center identification monument sign with changeable copy displays. C. That the proposed sign is located approximately north of the Jamboree Road exit along the Interstate 5 (1-5) Freeway and is within the Planned Community Mixed Use (PCMU) land use area within the East Tustin Specific Plan (SP 8). D. That the Master Sign Plan for the Tustin Market Place was originally approved by the Planning Commission on July 11, 1988, through the adoption of Resolution No. 2516 approving CUP 88-015. Since that time, the Master Sign Plan has been amended six (6) times by the Planning Commission and once by the Zoning Administrator through the CUP process (PC Resolution Nos. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4528 Page 2 2657, 3356, 3545, 3646, 3175, 4230 and ZA Action No. 05-018). Further amendments, which were in compliance with the Tustin City Sign Code, have been approved by the Community Development Director. E. That pursuant to Section 9404(b)(1) of the TCC, a CUP is required for any signage that incorporates changeable copy elements. F. That East Tustin Specific Plan (SP 8) Section 3.11.7 and TCC 9403(i)(2)(e) allow requests to be made for large commercial centers to deviate from the standards for signage provided the center is at least 30,000 square feet or one (1) acre in size, both of which The Market Place exceeds. TCC 9291 authorizes the Planning Commission to review and act on CUP applications. G. That Pursuant to TCC Section 9272, the Community Development Director is authorized to act on Design Review applications involving signage and amendments to Master Sign Plans. However, because this request is being submitted alongside a CUP requiring Planning Commission review, the DR is also being referred to the Planning Commission for concurrent consideration. H. That the establishment of the proposed sign, the Planning Commission finds, pursuant to TCC Section 9272, 9291, and 9404(b)(1), that the establishment, maintenance, or operation of the proposed sign will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor will it be injurious or detrimental to property and improvements in the area or to the general welfare of the City of Tustin in that: 1. That Pursuant to TCC Section 9403(f) and Section 3.11.7 of the SP 8, Master Sign Plans for projects with at least 30,000 building square feet may deviate from TCC standards with the approval of a CUP from the Planning Commission. The Tustin Market Place has approximately 730,000 building square footage and meets threshold to request deviations from the Sign Code. 2. The Tustin Market Place is under unified ownership and spans the jurisdictional boundary between the cities of Tustin and Irvine. The applicant has implemented consistent signage and design elements throughout the center to establish a cohesive visual identity. The proposed monument sign would continue this coordinated design approach and reflect the architectural theme, colors, and materials already established at the site. 3. The proposed sign would not negatively impact surrounding uses. It is oriented toward the Interstate 5 Freeway and is located behind existing Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4528 Page 3 commercial buildings, away from city streets and residential areas. The sign includes changeable digital display faces and complies with applicable regulations regarding brightness, duration of display, and distance from other signs as required by State and Federal regulations and Conditions of Approval in Exhibit A of this Resolution. The nearest residential use is located approximately one-half mile from the sign location. 4. The scale and design of the proposed monument sign are appropriate for the regional size of the center and its need for visibility from the freeway corridor. The sign includes high quality materials, a monument - style base, and a finish consistent with the center's existing development. The sign is integrated into the site layout and will not create glare. 5. The proposed deviations from the City's sign standards are reasonable due to the unique size, layout, and location of the Tustin Market Place. The sign provides necessary center identification along a major freeway and includes City -controlled screen time for public messaging. As conditioned, the project supports center visibility, design consistency, and the overall intent of the SP 8. 6. The proposed monument sign is consistent with the applicable Design Review criteria set forth in the TCC. The design, scale, materials, and location of the sign are compatible with the surrounding development and reflect the architectural character and coordinated sign theme of the Tustin Market Place. The sign does not impair the orderly or harmonious development of the area and complies with the applicable provisions of SP-8 and TCC Section 9272. That 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. J. That a public hearing was duly called, noticed, and held for CUP 2024-0011 and DR 2024-0018 on June 24, 2025, by the Planning Commission. K. That the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Class 11 — Accessory Structures) of the CEQA Guidelines (Cal. Code of Regs., Title 14, Section 15311), as the proposed monument sign is an accessory structure to the existing commercial center and will be located on a fully developed site with no expansion of use. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4528 Page 4 The Planning Commission hereby adopts Resolution No. 4528 approving CUP 2024-0011 and DR 2024-0018, and subject to the conditions attached hereto as Exhibit A.PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 24th day of June 2025. Signed by: C�. 00,Q,k.aw, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval APPROVED AS TO FORM: Signed by: 343ADCC695E946B_. MICHAEL DAUDT Assistant City Attorney Signed by: 2346968E503D4DE... TANNER DOUTHIT Chairperson Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Resolution No. 4528 Page 5 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; that Resolution No. 4528 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June 2025. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: �(U C�. ou ay, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Douthit, Hiquchi, Kozak, Mason, Mello (5) Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 EXHIBIT A RESOLUTION NO. 4528 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2024-0011 DESIGN REVIEW 2024-0018 GENERAL (1) 1.1 The proposed project shall be in compliance with the Tustin City Code (TCC), and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped June 24, 2025, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director 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 TCC, 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 the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless the sign is established within twelve (12) months. Any request for time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of project is contingent upon the applicant 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. *** 1.5 All applicable Conditions of Approval from Planning Commission Resolution No. 4230 (CUP 2013-0010) and Resolution No. 2516 (CUP 88-015), as they pertain to the Master Sign Plan and overall center operations, shall remain in effect unless specifically modified or superseded by this approval. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Exhibit A Resolution No. 4528 Page 2 DISPLAY AND USE RESTRICTIONS (1) 2.1 This approval authorizes the amendment to the Master Sign Plan and the construction and operation of one (1) center identification monument sign containing a double sided digital changeable copy sign, each measuring up to thirty two (32) feet wide by forty (40) feet tall, and a maximum overall height of sixty-five (65) feet, as shown on the sign plan date -stamped June 24, 2025, on file with the Community Development Department. Any modification to the approved sign dimensions, design, location, or digital display features shall be subject to review and approval by the Community Development Director, who shall determine whether such modifications require an amendment to this approval or additional discretionary review. *** 2.2 The digital changeable copy display shall be monitored by the operator for content and clarity of all messages. The operator shall monitor the operations of the reader board messages to comply with the Caltrans guidelines for duration and visual impact. *** 2.3 The digital changeable copy displays shall be limited to high -definition digital media sources. *** 2.4 Messages and/or advertisements that are animated, flashing, audible or emit sound are prohibited on the digital changeable copy signs. *** 2.5 Still images or messages shall be programmed to display for a minimum duration of eight (8) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one (1) still image and the next may not exceed one (1) second. (2) 2.6 The maximum intensity of light output produced by the digital display shall not exceed 0.3 foot-candle at a distance of 250 feet from the digital display as measured in any direction. (2) 2.7 The digital display shall include and maintain an operating mechanism that turns off the display or turns it to "all black" in the event of a malfunction or failure in any system or subsystem that results in the display wholly or partly appearing to flash. (2) 2.8 The operational lighting parameters for the digital changeable copy display as described in project conditions of approval shall be maintained as approved by the Community Development Department and shall be implemented by the applicant to minimize trespass glare lighting on residents and drivers. Modifications to these parameters may be approved Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Exhibit A Resolution No. 4528 Page 3 subject to the discretion of the Community Development Director. *** 2.9 The property owner or sign operator shall provide the City of Tustin with a reserved share of visual display time on the digital changeable copy display, at no cost, for public service announcements and City -sponsored events or programs ("City Messages"). City Messages shall be displayed for eight (8) seconds during each eighty (80) second rotation, at week- long intervals, for up to thirty-two (32) weekly timeslots per calendar year (prorated for any partial calendar year). No later than seven (7) days prior to the applicable week-long interval, the City shall be responsible for supplying appropriate artwork in accordance with specifications provided by the sign operator. City Messages may include third -party sponsor logos only when such logos are part of a City -approved event or message. Advertising space allocated for City Messages shall not be sold, exchanged, or transferred. Emergency public service announcements (such as but not limited to amber alerts) will be allowed in addition to the previously described time slot allocations for City messaging and promotions. Political signs (TCC § 9402) shall not be allowed. *** 2.10 In the event that any parcel within The Market Place is sold or otherwise transferred so that it no longer shares common ownership with the parcel on which the sign is located, the center identification monument sign with digital changeable copy shall not display any advertisement for businesses operating on the divested parcel(s). The sign shall be limited to advertising businesses located on parcels under common ownership with the sign. Common ownership means any owner that directly or indirectly controls, is controlled by or is under common control with the owner of the parcel on which the sign is located. (1) 2.11 All signs and digital displays 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) 2.12 The digital changeable copy displays shall not include images containing off -premise signs, alcohol, tobacco, or depicting violent or explicit content. All visual content shall be relevant to The Market Place shopping center and shall not be used as an advertising billboard. CALTRANS REQUIREMENTS The following conditions are intended to ensure compliance with State and Federal laws governing outdoor advertising displays visible from highways, including the California Outdoor Advertising Act (Business and Professions Code Sections 5272 and 5274), California Code of Regulations Section 2243, and Caltrans regulations. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Exhibit A Resolution No. 4528 Page 4 *** 3.1 The digital changeable copy signs shall comply with all applicable laws regarding brightness, including, without limitation, California Vehicle Code Section 21466.5. *** 3.2 The operator of the sign with digital changeable copy displays must comply with all applicable Federal, State, or local laws, including the Highway Beautification Act of 1965 (23 United States Code Section 131), California Business and Professions Code Sections 5272 and 5274, California Code of Regulations Section 2243, and Chapter 4 of Article 9 of the TCC when constructing, operating, improving, maintaining, repairing, and removing the sign. *** 3.3 The digital changeable copy display shall not contain messages that simulate or imitate, in size, color, lettering, or design, any traffic sign or signal; or that use the words "Stop," "Look," "Danger," or any other words, phrases, symbols, or characters in such a manner as to interfere with, mislead, or confuse traffic. This condition is intended to ensure compliance with the California Outdoor Advertising Act and applicable Caltrans highway safety regulations. BUILDING DIVISION (1) 4.1 The applicant shall obtain all necessary building and grading permits prior to commencing construction or demolition activities. PUBLIC WORKS DEPARTMENT *** 5.1 At the time of building permit submittal, the applicant shall provide structural calculations and details demonstrating that the proposed foundation design for the digital freeway sign will not negatively impact the City's 87-inch storm drain pipe located near the proposed structure. The foundation shall be designed to account for surcharge loading to ensure no adverse effect on the integrity or performance of the storm drain infrastructure. (1) 5.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). Prior to issuance of any permit, the applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five percent (65%) of the project waste material or the amount required by the California Green Building Standards Code. Docusign Envelope ID: DC148849-9D21-43DB-B088-F54EECD35C56 Exhibit A Resolution No. 4528 Page 5 The applicant will be required to submit a fifty -dollar ($50.00) application fee and a cash security deposit. All projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. FEES (1) 6.1 Within forty-eight (48) hours of final approval of the 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-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.