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HomeMy WebLinkAboutPC RES 4061RESOLUTION NO. 4061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-006 AUTHORIZING THE ESTABLISHMENT OF A MASTER SIGN PROGRAM FOR DIRECTIONAL SIGN INFORMATION FOR NEW HOME COMMUNITIES AT VARIOUS LOCATIONS IN THE CITY. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 07-006, was submitted by Bryan Stark on behalf of the Building Industry Association, Orange County Chapter (BIA/OC), requesting authorization to establish a master sign program to provide directional sign information for new home communities within the City of Tustin. B. That the project is located at various public and private property locations in various zoning districts and General Plan land use designations. The proposed sign locations are generally located south of the I-5 Freeway and within the vicinity of Red Hill Avenue, Walnut Avenue, Edinger Avenue, and Jamboree Road intersections and thoroughfares. C. 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. D. That temporary off-site directional signs are authorized under Tustin City Code Section 9403d11 and master sign programs which deviate from the Sign Code requirements are conditionally permitted pursuant to Tustin City Code Section 9403h2(e). E. That a public hearing was duly called, noticed, and held for said application on June 12, 2007, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case be detrimental to health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such Resolution No. 4061 Page 2 proposed use, nor be injurious or detrimental to the property, or to the general welfare of the City of Tustin in that: 1) Section 9403d11 of the Tustin City Code authorizes temporary off-site directional signs. 2) Section 9403h2 of the Tustin City Code establishes criteria for master sign programs. The proposed master sign program would meet these criteria as follows: (a) The signs would reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, sign type and sign shape in that the proposed directional signs would have a common color theme and consist of double-sided signs made of aluminum panels with consistent vinyl letters attached to treated wood posts. The signs would also be limited to specified height, number of panels, and number of locations as shown in the proposed master sign program. (b) Signs would utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the new home communities in both daytime and nighttime situations in that the directional signs consist of an earth tone color motif using tan, dark and light teal, and white; however, the directional signs will not be illuminated. (c) The proposed master sign plan designates appropriate measures for removal and replacement of signs in that upon close-out of each development, the applicant will remove the respective community panel from the directional sign(s) at its sole cost and expense. Upon close-out of all developments, the applicant will be responsible for the removal of all signs at its sole cost and expense. (d) The master sign program designates a person or primary liaison for the City for the purpose of requesting master sign approval and submitting sign permit requests in conformance with the approved master sign program. The proposed master sign program designates the applicant, Bryan Stark of BIA/OC, as the primary liaison with the City. Resolution No. 4061 Page 3 (e) The master sign program is authorized to deviate from the Tustin City Code upon approval of a conditional use permit. The proposed master sign program includes signs that are taller and larger that the Tustin Sign Code would allow. The requested deviation from the City Sign Code is within the context, scale, and objective of signs, which is to provide directional information of new homes to motorist and pedestrians. 3) The proposed master sign program for new home communities in the City will provide uniform and quality sign design at various locations in the City. 4) The Traffic Engineering Division has reviewed the proposed signs and has concluded that, as conditioned, there will be no adverse traffic impacts resulting from the proposed project. 5) The maintenance and removal of any future signs for new home communities in the City are adequately addressed in the proposed master sign program and conditions of j approval. 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 07-006 authorizing the establishment of a Master Sign Program to provide directional information for new home communities and community amenities, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of June. 2007. ~- ELIZABETH A. BINSACK Planning Commission Secretary ITT FLO~'~i] Chairperson Resolution No. 4061 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 the Resolution No. 4061 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4061 CONDITIONAL USE PERMIT 07-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped June 12, 2007, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (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 Director. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 07-006 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions imposed" form. The form shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 07-006, the applicant shall agree at is 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 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 Exhibit A Resolution No. 4061 CUP 07-006 Page 2 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. (1) 1.6 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) 1.7 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 Ordinance. (1) 1.8 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include but not be limited to curb, gutter, street paving, and drive apron. USE RESTRICTIONS (1) 2.1 The proposed sign program shall reflect 100 percent participation from all builders, and no other builder signs shall be located in the right-of-way and other off-site locations. (1) 2.2 The signs shall only advertise the name of the new communities i.e. Columbus Square, Tustin Field, etc. but not builder(s) i.e. Lennar Homes, John Laing Homes, etc. (1) 2.3 The signs shall advertise new residential developments and community amenities within the City of Tustin boundary only and the signs shall be double sided. (1) 2.4 Two panels on each sign shall be set aside for City use at no charge to the City. (1) 2.5 Blank panels shall be located at the bottom in order to maintain panels with directional information towards the top of the sign. Exhibit A Resolution No. 4061 CUP 07-006 Page 3 (1) 2.6 Sign #11 shall be located outside the future Tustin Ranch Road right-of-way. (***) 2.7 The City reserves the right to add the City's logo, moniker, or special fonts to the header panel of all signs. (***) 2.8 Sign construction, maintenance, repairs, replacement, and graffiti removal shall be the responsibility of the applicant at no cost to the City. (1) 2.9 Any damage done to existing street improvements and utilities shall be repaired by the applicant. (1) 2.10 If any of the signs, after installation, are found to cause any significant impacts, as determined by the Director of Public Works or Director of Community Development, the signs shall be removed immediately at the applicant's expense. (1) 2.11 Upon written request from the City, the applicant shall relocate the designated sign(s) to approved location(s) at the applicant's expense within thirty (30) days. (***) 2.12 Upon close-out of each development, the BIA/OC shall remove the respective community panel from the directional sign(s) at its sole cost and expense. Upon close-out of all developments, the BIA/OC shall be responsible for the removal of all signs from the City's right-of-way and other off-site locations at its sole cost and expense. SIGN CRITERIA AND PLAN CHECK (1) 3.1 The applicant shall obtain all approvals and permits from the applicable agencies for work within the agencies' limits. (***) 3.2 The maximum sign height shall be seven (7) feet nine (9) inches. (1) 3.3 The signs shall be made of durable materials such as recyclable materials to withstand weather conditions. (1) 3.4 All wood in contact with earth or cement shall be of treated wood. (1) 3.5 The proposed signs shall be designed to withstand 70 miles per hour wind loads. (1) 3.6 Sign locations shall be measured from the closest End of Curb Return. Exhibit A Resolution No. 4061 CUP 07-006 Page 4 (1) 3.7 The proposed sign locations shall conform to the sight distance requirements of City Standard No. 510. Adequate horizontal and vertical intersection sightline shall be provided. In general, a 25 feet by 25 feet limited use area triangle provides adequate sight at typical driveways. The signs shall be located a minimum of 250 feet away from any intersections. (1) 3.8 The proposed signs shall not obstruct and/or encroach on any existing traffic signs, traffic control devices, etc. that would result in any impacts to traffic operations or interfere with any existing or proposed bicycle, bus, or pedestrian activities. (1) 3.9 Prior to issuance of building or encroachment permits, a separate detailed plan for each sign location shall be submitted. Said plan shall include, but not limited to, the following: a. Site plan b. Applicable dimensions c. Horizontal and vertical intersection sightlines d. Curb and Gutter e. Sidewalk f. Parkway and landscape area f. Driveways and drive aprons g. Catch basins h. Property lines (1) 3.10 Plans submitted at plan check shall comply with the applicable requirements and standards at that time. (1) 3.11 Prior to any work in the public right-of--way, an encroachment permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 3.12 Prior to issuance of a building or encroachment permit, the applicant shall provide written approval to install the proposed directional signs from Caltrans and private property owner for signs within Caltrans and private property ownership, respectively. (1) 3.13 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: a. Building and Planning plan check and permit fees. b. Public Works Department plan check, encroachment permit, and inspection fees. Exhibit A Resolution No. 4061 CUP 07-006 Page 5 FEES (2) 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 forty-three 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.