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HomeMy WebLinkAboutPC RES 4046 RESOLUTION NO. 4046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING SIGN CODE EXCEPTION 06-002, AUTHORIZING THE REPLACEMENT OF A MONUMENT SIGN FACE THAT CURRENTLY IDENTIFIES ONE BUSINESS WITH A SIGN FACE THAT IDENTIFIES TWO BUSINESSES LOCATED AT 13152 NEWPORT AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Sign Code Exception 06-002, has been filed by Tarbell Realtors, requesting authorization to replace a monument sign face that currently identifies one business with a sign face that identifies two businesses located at 13152 Newport Avenue. B. That the proposed sign code exception is consistent with the Tustin General Plan "Community Commercial" designation and zoning ordinance planned community commercial designation which allow for business uses and their supporting signs. In addition, the project has been determined to be consistent with the Air Quality Sub-Element of the City of Tustin General Plan since the addition of signs will not affect air quality. C. That Pursuant to Sign Code Section 9405c, the request can be supported by the following findings. 1. Sign size and placement restrictions of the sign code shall be closely followed as practicable. Although the existing single tenant monument sign is in violation of the City's distance separation requirement and six foot height limitation, pursuant to Tustin City Code Section 9273e, the sign is legally exempt from the requirements of the Tustin City Code when it was located on the property by the City in association with the acquisition of public right- of-way. The sign area complies with the Tustin Sign Code. 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. The intent of the sign regulations shall be followed as closely as practicable in that a center identification sign currently serves to identify the center, both tenants propose to share identification on the single tenant identification sign and would qualify for their own monument signs if it were not for distancing requirements, there will be no increase in sign area, and there will be little difference between the display of two signs versus one. Resolution No. 4046 Page 2 3. There are special circumstances unique to the property to justify the exception. The configuration of the property lends itself to lesser street frontage than would a similarly sized center, especially those oriented on street comers. The property consists of 55,785 square feet of uses and similarly sized centers are entitled to a greater number of signs and sign area. 4. Granting the exception will not have a negative impact on the surrounding properties. The proposed signs will not be detrimental to, or have a negative effect on, surrounding properties in that the monument sign is existing, no new sign area is proposed, and the signs are compatible with the existing uses and improvements in the surrounding area in location, size, and fabrication. 5. The sign application promotes the public, health, safety, welfare, and aesthetics of the community and the granting of the exception meets findings and the intent of the sign code. The proposed sign is not in a traffic sight safety area, is compatible with other signs in the area, serves to identify two major tenants in the center, consolidates two major tenants into one sign, and assists to promote Tustin business. As indicated in the above findings, the request meets the intent of the Tustin Sign Code. D. That a public hearing was duly called, noticed, and held for said application on January 8,2007, by the Planning Commission. E. This project is Categorically Exempt pursuant to Section 15311, Class 11 of Title 14, Chapter 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Sign Code Exception 06-002, authorizing the replacement of a monument sign face that currently identifies one business with a sign face that identifies two businesses located 13152 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4046 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of January, 2007. B~L~ Chairperson &:~ ~~ a~ ELIZABETH A. INSACK Planning Commission Secretary Resolution No. 4046 Page 4 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. 4046 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2007. ~~ActlAt;;~~k ELIZABETH A. BINSACK Planning Commission Secretary ~ 'I; k -;;r--y . .. r '""1Ir""'W'" _ .. EXHIBIT A SIGN CODE EXCEPTION 06-002 CONDITIONS OF APPROVAL RESOLUTION NO. 4046 GENERAL (1) 1.1 All signs shall substantially conform to the sign plans date stamped January 8, 2007, 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 sign plans 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 prior to the installation of the signs, subject to review and approval by the Community Development Department. (1 ) 1.3 Approval of Sign Code Exception 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 Sign Code Exception 06-002, the applicant shall agree, at their 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, conceming 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 Resolution No. 4046 (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 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. PLAN SUBMITTAL (***) 2.1 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. USE RESTRICTIONS (***) 3.1 The property owner must ensure that any demarcation(s), void(s), projection(s), or discoloration(s) on any building or monument sign resulting from deterioration, vandalism, or installation and subsequent removal of signs at the center is repaired in a seamless manner so L~ that the damaged area(s) matches the materials, finish, and color of the adjacent building walls or monument sign surface(s). 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. (***) 3.2 Prior to installing a face change for the signs approved herein, the property owner shall repair the Packers Square center identification/tenant directory sign so that the sign is painted uniformly and there are no areas showing rust. A building permit may be required from the Department of Community Development depending on the extent of repair necessary. (***) 3.3 The freestanding Tarbell Realty sign currently located on-site must be removed upon expiration of the temporary sign permit or as of the date business information is added to the single tenant monument sign, whichever occurs first. FEES (C) 4.1 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight Exhibit A Resolution No. 4046 (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.