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HomeMy WebLinkAboutZA Action 07-007ZONING ADMINISTRATOR ACTION 07-007 CONDITIONAL USE PERMIT 07-012 The Zoning Administrator of the City of Tustin does hereby resolves as follows: The Zoning Administrator finds and determines as follows: A. A proper application, Conditional Use Permit 07-012, was filed by Steve ladipaolo of TNT Electric Sign, Inc. on behalf of I-5 Self Storage, LLC, requesting authorization to establish a master sign program for the property located at 2631 Michelle Drive. The master sign program will deviate from the City of Tustin Sign Code in allowing a total of four wall signs and two monument signs for the site. The City of Tustin Sign Code only allows for a maximum of one wall sign and one monument sign per street frontage sign for an individual business located in an industrial area. B. That the proposed master sign program is consistent with the Tustin General Plan in that the property is designated as "Planned Community Commercial/Business" and allows for a mixture of commercial and office uses. In addition, 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. C. The project is located within the Industrial "PC-IND" zoning district where signs supporting permitted uses such as office and warehouse facilities are allowed with a master sign plan. D. That a public hearing was duly called, noticed, and held for said application on October 22, 2007, by the Zoning Administrator. E. That the establishment of the proposed master sign plan will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. Section 9403.h.2 of the Tustin City Code establishes criteria (a-e) that must be met for master sign plans. The proposed master sign plan would meet this criteria as follows: (a) The signs would reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape in that both of the proposed wall signs are exactly the same and will also be used on other Ricoh buildings within the immediate vicinity. (b) Signs would utilize materials, colors, and a design motif which ZA Action 07-007 Page 2 are compatible and which reflect the special qualities of the architecture of the building on the site in both daytime and nighttime situations in that all signs would consist of internally illuminated channel letters of a uniform color, size, and font. (c) No current signage exists that would need to be removed before installation of the proposed signage. (d) The master sign plan designates the property owner and/or designated contractor as the primary liaison with the City for all sign permit requests. (e) The complex is over one acre in site area and the Zoning Administrator is authorized to approve a conditional use permit allowing the master sign plan to deviate from the specific standards for permanent business identification. 2. The requested deviation from the City Sign Code serves to keep the proposed signs within the context and scale of the building and surrounding uses. Due to the extensive size of the buildings, the master sign plan will ensure that signs will be appropriately visible while at the same time maintaining the visual quality of the site. 3. The maintenance and removal of any future signs for I-5 Self Storage are adequately addressed in the proposed master sign plan and conditions of 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 Zoning Administrator hereby approves Conditional Use Permit 07-012 authorizing the establishment of a master sign program for the property located at 2631 Michelle Drive subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 22nd day of October, 2007. ~~~ ELOISE H RIS RECORDING SECRETARY ELIZABETH A. BINSACK ZONING ADMINISTRATOR ZA Action 07-007 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 07- 007 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22"d day of October, 2007. G~ ELOISE RIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 07-007 CONDITIONAL USE PERMIT 07-012 CONDITIONS OF APPROVAL GE (1) 1.1 All signs shall substantially conform to the master sign plan date stamped on October 22, 2007, the date of approval, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department 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 Tustin City Code and other applicable codes. ' (1) 1.2 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 07-012 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 "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. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.4 As a condition of approval of Conditional Use Permit 07-012, the applicant shall agree, at its 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, 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 its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW ~''` RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A ZA Action 07-007 Page 2 (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement, action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1) 2.1 At the time of building permit application prior to December 31, 2007, the plans shall comply with the latest State and City adopted codes: 2001 California Building Code (CBC), 2004 California Electrical Code (CEC), 2005 Title 24 Energy Regulations as it pertains to signs, City ordinances, and State and Federal laws and regulations. It is expected that a new set of California codes will take effect on January 1, 2008. Please note that this set of comments is based on the current codes. (1) 2.2 All signs require review and approval by the Community Development Department prior to installation. Permits shall be required for all signs. Building plan check submittal shall include the following: • Two (2) sets of construction plans, including drawings for electrical. • Two (2) copies of structural calculations. • Two (2) copies of Title 24 energy calculations. (5) 2.3 All signs shall conform to the I-5 Self Storage Master Sign Program and the City of Tustin Sign Code. (5) 2.4 Prior to the installation of any signage proposed in the master sign plan, all existing signage that does not conform to the master sign plan shall be removed. (5) 2.5 All signs 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. FEES. (1) 3.1 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 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.