HomeMy WebLinkAboutPC Res 07-11 - 2007-03-21 RESOLUTION NUMBER 07-11 OR/8/JlJ 1114l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING PLANNED SIGN PROGRAM 07-1 PERMITTING A PLANNED SIGN PROGRAM FOR ROSSMOOR CENTER (SHOPS AT ROSSMOOR), 12071-12541 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn 1 On February 13, 2007, Austm Podrat filed an applIcatIOn WIth the CIty for Planned SIgn Program 07-1 SectIOn 2 Pursuant to 14 CalIf Code of Regs ~ 15301 and ~ II B of the CIty'S Local CEQA GUIdelmes, staff has determmed as follows The applIcatIOn for Planned SIgn Program 07-1 IS categorIcally exempt from reVIew pursuant to the CalIfornIa EnVIronmental QualIty Act pursuant to 14 CalIf Code of Regs ~ 15305 (Mmor AlteratIOns m Land Use LImItatIOns), because the proposal mvolves a mmor alteratIOn m land use lImItatIon and does not mvolve eIther a property m excess of 20% slope or a change m land use or denSIty SectIOn 3 A duly notIced publIc heanng was held before the PlannIng CommIssIOn on March 21, 2007, to consIder the applIcatIon for Planned SIgn Program 07-1 At the publIc hearmg the CommISSIOn receIved all eVIdence submItted SectIOn 4 The record of the hearmg of March 21, 2007 mdIcates the followmg a On February 13, 2007, Austm Podrat filed an applIcatIOn WIth the CIty for Planned SIgn Program 07-1 b SpeCIfically, proposed Planned SIgn Program 07-1 wIll amend Planned SIgn Program 02-2 by approvmg the demolItIOn of 4 eXIstmg pylon sIgns, and the provlSlon of new monument and dIrectIOnal sIgns that Will result m no mcrease m the approved sIgn area pursuant to Planned SIgn Program 02-2 c SectIOn 28-1803 sets forth the procedure to apply for a Planned SIgn Program Z \LWhlttenberg\My Documents\RESO\Planned SIgn Program 07 I Shops at Rossmoor PC Reso doc\LW\03-2207 Plannmg CommiSSion ResolutIOn 07-11 Planned Sign Program 07-1 Shops at Rossmoor March 21,2007 d The subJect property IS located on the west sIde of Seal Beach Boulevard, between St Cloud DrIve and Bradbury Road, IS known as Rossmoor Center and IS located at 12071-12541 Seal Beach Boulevard e The subJect shoppmg center comprIses approxImately 395 acres and IS dIvIded by Rossmoor Center Way, a publIc roadway The area north of Rossmoor Center Way comprIses approxImately 665 acres m area and IS currently undergomg a maJor renovatIOn effort, WIth new stores currently bemg constructed, along WIth a renovatIOn of the prevIOUS "Parasol"' restaurant bUIldmg to a "Mel' s Dmer" The southerly 3285 acres IS also currently undergomg renovatIon m the northern portIOn of the area adJacent to Rossmoor Center Way The mam tenants wIthm thIS portIOn of the shoppmg center are Kohl's, Home Goods, Albertson's and Stats f Planned SIgn Program 02-2 was approved by the Plannmg CommISSIOn m 2002 and allowed for a total of 2,036 square feet of pylon, monument, and dIrectIOnal SIgnS for the shoppmg center The Planned SIgn Approval dId not mclude sIgnage for bUIldmgs wIthm the shoppmg center, all of those sIgns WIll be complIance With the sIgn provlSlons of the ZOlllng Code g The surroundmg land uses and ZOnIng are as follows ReSIdentIal housmg m a ReSIdentIal HIgh DenSIty Zone WIthm Seal Beach and reSIdentIal housmg m an unmcorporated portIOn of Orange County known as Rossmoor NORTH, SOUTH & WEST EAST Old Ranch Towne Center, a 26-acre shoppmg center, m the General CommercIal (C-2) zone SectIOn 5 Based upon the facts contaIned m the record, mcludmg those stated m ~4 oftllis resolutIOn and pursuant to ~~ 28-1803 and 28-2503 & 28-2504 of the CIty'S Code, the Planmng CommiSSIOn makes the followmg findmgs a Planned SIgn Program 07-1 IS conSIstent WIth the mtent of ArtIcle 18 (SIgn ProvlSlons) by vIrtue of the nature of the sIgns, proposed placement of the sIgns, and proposed constructIOn materIals b The proposed sIgns meet the mInImum deSIgn crIterIa establIshed through SectIOn 28-1803 of the MunICIpal Code c The proposed modIficatIOns are m response to the currently ongomg reconstructIon WIthm the shoppmg center and reflect the final new bUIldmg pad locatIOns, parkmg lot layouts, and drIveway entrance locatIOns The requested amendment to the current Planned SIgn Program WIll mclude demolItIOn of 4 eXlstmg Planned Sign Program 07 1 Shops at Rossmoor PC Reso 2 Plannmg ComnmslOn ResolutIOn 07-/1 Planned Sign Program 07~1 Shops at Rossmoor Malch 21,2007 pylon sIgns, and the provIsIOn of new monument and dIrectIOnal sIgns that WIll result m no mcrease m the approved sIgn area pursuant to Planned Sign Program 02-2 d The approval of thIS request does not constItute the grantmg of specIal prIvIleges by vIrtue of the fact that several sImIlar approvals have been granted m the past, the most recent bemg wIthm the BIxby Old Ranch Towne Center SectIOn 6 Based upon the foregomg, the Plannmg CommIssIon hereby approves Planned SIgn PlOgram 07-1 subJect to the follOWIng condItIons 1 Planned SIgn Program 07-1 IS approved for Rossmoor Center (Shops at Rossmoor) located on the west SIde of Seal Beach Boulevard, between St Cloud DrIve and Bradbury Road The Planned SIgn Program mcludes the followmg categorIes of approved sIgns a FIve "Pylon" sIgns WIth a total sIgn area of 1,102 square feet, b EIght "Monument" sIgns WIth a total sIgn area of 597 square feet, c Two "DIrectIOnal" signs wIth a total sIgn area of 58 square feet, and d Future tenant and dIrectIOnal sIgns WIth a total sIgn area of 517 square feet 2 Any new sIgns or substantIal devIatIOn from the program approved herein by the CIty must be approved through an amendment to thIS Planned SIgn Program 3 Any new "tenant/dIrectIOnal" sIgnage shall not exceed the maxImum SIgn area dImenSIOns as approved through thIS SIgn program, and the total square footage of all future tenant/dIrectIOnal SIgns shall not exceed 517 square feet 4 A tenant may not have more than 1 SIgn panel on the "Pylon SIgns" and more than 1 sign panel on the "Monument SIgns" 5 ThIS Planned SIgn Program shall not become effectIve for any purpose unless/untIl a CIty "'Acceptance of CondItIons" form has been SIgned by the applIcant m the presence of the DIrector of Development SerVIces, or notarIzed and returned to the Plannmg Department, and untIl the 10 calendar-day appeal perIod has elapsed 6 ThIS Planned SIgn Program shall become null and VOId unless exercIsed wIthm 1 year of the date of final approval, or such extensIOn of tIme as may be granted by the Plannmg CommIssIOn pursuant to a wrItten request for extensIOn submItted to the Department of Development ServIces a mmImum of 90 days prIor to such expIratIOn date 7 If any claIm, actIOn or proceedmg (collectIvely "'actIOn"') IS InstItuted by a thud party or partIes challengmg the validIty of the tills approval, Developer and CIty Planned Sign Program 07 1 Shops at Rossmoor PC Reso 3 Planmng CommiSSIOn ResolutIOn 07-11 Planned Sign Program 07-1 Shops at Rossmoor March 21, 2007 shall cooperate m defendmg any such actIOn CIty shall notIfy Developer of any such actIOn agamst CIty wItrun ten workmg days after CIty receIves service of process, except for any petItIOn for mJunctIve relIef, m whIch case CIty shall notIfy Developer ImmedIately upon receIpt of notIce thereof Developer shall mdemnIfy, hold harmless and defend CIty, and any of Its officers, employees or agents for any actIon by a thIrd party or partIes brought to challenge the ProJect Approvals, provIded, however, that If CIty faIls promptly to notIfy Developer of any actIOn agaInst CIty, or If CIty falls to cooperate m the defense, Developer shall not thereafter be responsIble for CIty'S defense Developer shall reimburse all of CIty'S defense costs mcludmg, WIthout lImItatIOn, court costs, attorney's fees mcurred by counsel selected by the City, and expert WItness fees Developer shall promptly pay all monetary awards, Judgments, verdIcts, court costs and attorneys fees that may be awarded m such actIOn PASSED, APPROVED AND ADOPTED by the Plannmg CommISSIOn of the CIty of Seal Beach at a meetmg thereof held on the 21 st day of March , 2007 by the followmg vote A YES CommIsSIoners Bello, Deaton, O'Malley, and Roberts NOES CommIssIOners ABSENT CommIsSIOners ABSTAIN CommIssIOners ~u~ ;tJ~pLhv -tllery Dea n ChaIrperson of the Plannmg CommISSIOn ee WhIttenberg Secretary of the Plannmg Com Planned Sign Program 07 1 Shops at Rossmoor PC Reso 4