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RES-9199 Upholding Appeal No. 464RESOLUTION NO. 9199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE OVERRULING THE DECISION OF THE PLANNING COMMISSION AND UPHOLDING APPEAL NO. 464, GRANTING MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW TEXT AND/OR LOGOS ON CERTAIN SIGNS UPON PROPERTY LOCATED AT THE BLOCK AT ORANGE SHOPPING CENTER. Appeal No. 464 Conditional Use Permit No. 2233- 98 Applicant and Appellant: The Mills Corporation RECITALS:WHEREAS, on August 16, 1999, the Planning Commission of the City of Orange conducted a public hearing as required by law to consider modification to Conditional Use Permit No. 2233- 98; and WHEREAS, the proposed modification to Conditional Use Permit was to allow text and/or logos as an overlay on the bottom ten percent of the graphic area on the large stylon type signs at The Block at Orange shopping center; and WHEREAS, the subject property is commonly known as The Block at Orange, is located upon property more particularly described in Attachment "A", which is attached hereto and ineorporated herein by this reference; and WHEREAS, by Resolution No. 53-99, the Planning Commission denied modification to Conditional Use Permit No. 2233-98 with certain findings; and WHEREAS, Appeal No. 464 was timely filed by the appellant, The Mills Corporation;and WHEREAS, the City Council heard the appeal of appellant by conducting a public hearing on September 14,1999; and WHEREAS, at said public hearing, the City Council heard the testimony of the applicant arrd appellant, considered documentary evidence presented and found the facts more particularly 1. The proposal is granted upon sound principles of land use and in response to services required by the community. 2. The proposal will not cause deterioration of bordering land uses or create special problems for the area in which it is located. Approval of this CUP will not cause an increase in the crime rate for that police reporting district, nor will there be any adverse effect from over concentration of liquor licenses in that police reporting district. 3. The proposal has been considered in relationship to its effect on the community or neighborhood plan for which the area in which it is located and will fit in well with the shopping center. 4. The proposal is made subject to the following conditions necessary to preserve the general welfare and not the individual welfare ofthe applicant: I) Development shall be in substantial compliance with the Sign Program as approved and/or amended by the Planning Commission, and on file with the Department of Community Development. 2) Prior to issuance of building permits for signage, the Design Review Board shall review the proposed sign program and landscaping plans for compatibility of the placement of signage with landscaping plans. 3) Any tenant identification wall or roof sign not included in the original Sign Program shall be reviewed by the Design Review Committee for compliance with the City design standards and with the Sign Program prior to issuance of a building permit for the sign. 4) The image area within the stylons signs may be either black or white, or color. Any change in graphics shall be reviewed and approved by the Director of Community Development or his or her designee. The large stylons are allowed to have the center's name (as indicated in the Sign Program approved July 20, 1998), and text and/or a logo on the bottom 10% of the large stylons' sign area. The text and/or logo shall be an overlay to the large stylons' graphics. 5) To the extent that commercial signage on placard and small stylon signs is clearly readable or recognizable from public streets, it shall only be used to advertise products, services, and tenants within "The Block at Orange." For purposes of the proposed sign program, stylon signs designated AI, A5, A6, AIO (southerly sign face), and All (as identified on page 3.2 of the Sign Program) shall only advertise products, services, and tenants available within "The Block at Orange." If after construction of the placards it appears that additional placard signage is or isn't readable or recognizable from public streets, the zoning administrator may either expand or further limit off-site advertising.Reso No. 9199 6) Flag poles exceeding the maximum height permitted in the Zoning Code, up to 80 feet in height, are permitted subject to the pole being located a minimum 320 feet from any residential use. 7) The maximum combined area of all the wall, roof, and tenant pylon signs shall not exceed 30,000 sq. ft. 8) The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by the City's active negligence. 9) The applicant shall comply with all federal, state, and local laws. Violation of any of these laws in connection with this use will be cause for revocation of this permit. IO)Entry pylon D, located near the Chapman Avenue right-of-way shall not exceed 32' in height and shall comply with the City's Sign Ordinance with regard to clearance to the bottom of the sign construction faces, but may retain the signage areas and content proposed by the Sign Program.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Appeal No. 464 is upheld and modification to Conditional Use Permit No. 2233-98 is approved for the following reasons:1. The foregoing recitals are true and correct.2. The findings required by Orange Municipal Code Section 17.1O.030. F are met.Adopted the 14th day of December, 1999.ATTEST:3 I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of December, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: MURPHY SLATER COONTZ, SPURGEON ALVAREZ NONE NONE NONE MA~J~~7I Cassandra J. CathcaW, City Clerk ofthe City of Orange MEB Reso No. 9199 4 CITY MILLS - LEGAL DESCRIPTION PAiRCELA: PAI~ CELS 1, 3, 4, 5,6,7,8,9, 11, 12, 13, 14, 16, 17, 18, 19 AND 20 OF LOT LINE AD,JUSTMENT NO. LL 96-14 RECORDED APRIL 10, 1997 AS INSTRUMENT NO. 97-165,656 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHERWITHPARCEL2OFLOTLINEADJUSTME~T NO. 97-4 RECORDED OCTOBER15,1947 AS INSTRUMENT NO. 515999, IN THE OFFICE OF THE COUNTYRECORDEROFORANGECOUNTY, CALIFORNIA EXCEPT FROM THE PORTION THEREOF INCLUDED WITHIN THENORTHWESTQUARTEROFTHESOUTHEASTQUARTEROFFRACTIONALSECTION35,TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, INTHECITYOFORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PERMAPRECORDEDINBOOK51, PAGE 10 OF SAID MISCELLANEOUS MAPS, INTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY, ALL OIL ANDOTHERMINERALRIGHTSINORUNDERSAIDlANDLYINGBELOWADEPTHOF500FEETFROMTHESURFACETHEREOF, BUT WITHOUT THE RIGHT OF ENTRY, AS RESERVED IN THE DEED FROM CHESTER M. BARNES ANDOTHERS,RECORDED OCTOBER 2, 1959 IN BOOK 4911, PAGE 214, OFFICIAL RECORDS.ALSO EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERALRIGHTS,NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONSBYWHATSOEVERNAMEKNOWNTHATMAYBEBELOWTHEUPPER100FEETOFTHESUBSURFACEOFTHATPORTIONOFTHELANDHEREINDESCRIBEDTOGETHERWITHTHEPERPETUALRIGHTOFDRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LANDORANYOTHERLAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLYDRILLANDMINEFROMLANDSOTHERTHANTHOSEHEREINABOVEDESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGHORACROSSTHESUBSURFACEOFTHELANDHEREINABOVEDESCRIBED, ANDTOBOTTOMSUCHWHIPSTOCKEDORDIRECTIONALLYDRILLEDWELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIORLIMITSTHEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THERIGHTTODRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OFSAIDUPPER100FEETOFTHESUBSURFACEOFTHELANDHEREINABOVEDESCRIBEDOROTHERWISEINSUCHMANNERASTOENDANGERTHESAFETYOFANYHIGHWAYTHATMAYBECONSTRUCTEDONSAIDLANDS, ASEXCI::PTED IN FAVOR OF HENRY J. SIEVERS AND FERN O. SIEVERS INFINALORDEROFCONDEMNATIONINSUPERIORCOURTCASENO. 98716ORANGECOUNTY, A COPY WHICH WAS RECORDED JANUARY 29, 1963 IN BOOK6412,PAGI:: 519, OFFICIAL RECORDS OF SAID ORANGE COUNTY, AS TO THAT PORTION OF SAID LAND LYING SOUTHERLY OF THE SOUTHERLY LINE OFSAIDLOTS33AND34OFTHEDAWNTRACTASPERMAPFILEDINBOOK8, PAGE21OFMISCELLANEOUSMAPS, AND EASTERLY OF THE WEST LINE OFTHENORTHEASTQUARTEROFTHESOUTHEASTQUARTEROFSAIDSECTION 35.ALSO EXCEPT ALL SUBSURFACE WATER AND SUBSURFACE WATER RIGHTSINANDUNDERSAID LAND.