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HomeMy WebLinkAboutZA Action 10-004ZONING ADMINISTRATOR ACTION 10-004 CONDITIONAL USE PERMIT 09-032 13911 -13951 CARROLL WAY The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit (CUP) 09-032, was filed by Jon Merry of JM Commercial, LLC, on behalf of Mimi's Plaza, LLC, requesting authorization to modify an existing master sign program for the property located at 13911-13951 Carroll Way, also referred to as Mimi's Plaza. The proposed master sign program establishes sign criteria for the commercial center and requests a deviation from the City of Tustin Sign Code for three (3) secondary signs on the freeway-facing elevation of the primary building from a maximum of 25 square feet to 50 square feet each in sign area; B. That the proposed master sign program modification is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" and allows for a mixture of retail, service 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. That the project is located within the Retail Commercial with Combining Parking Overlay (C-1 P) zoning district where signs supporting permitted uses such as retail and service commercial are permitted; D. That pursuant to Tustin City Code Section 9403h, a master sign plan is required for multi-tenant centers in the City and pursuant to Section 9403i2(e), a master sign program may deviate from the specific standards of the Tustin City Sign Code with approval of a conditional use permit; E. That a Master Sign Plan (MSP) for the property was originally approved in 1989 and revised in 1994, and that the applicant is currently requesting an amendment to the existing MSP to refine overall sign criteria and a conditional use permit to deviate from the Tustin City Sign Code; F. That pursuant to Sec#ion 9299b(3)(e) of the Tustin City Code, the Zoning Administrator is authorized to hear and approve requests for Minor CUPS for existing development where there is no change in occupancy or primary use; G. That a public hearing was duly called, noticed, and held for said application on May 3, 2010, by the Zoning Administrator; ZA Action 10-004 CUP 09-032 May 3, 2010 Page 2 H. In determining whether to approve CUP 09-032 for the proposed MSP, the Zoning Administrator must determine whether or not the proposed Master Sign Program modification will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, or 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. A decision to approve this request may be supported by the following findings: The proposed master sign program modification would comply with master sign plan criteria pursuant to Section 9403.1.2 of the Tustin City Code, as follows: (a) As proposed, the signs reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape per the proposed criteria. (b) As proposed, the signs will be compatible and reflect the special qualities of the architecture of the buildings on site in that the proposed signs are placed in designated signage areas on the building fascia and larger signage is allowed on the tower elements of the buildings and along the freeway-facing elevations. (c) The proposed master sign program modification designates appropriate timing (at the time of new or replacement signage for new ar existing tenants) for replacement signage in conformance with the approved master sign program. (d) The proposed master sign program modification designates the Landlord or licensed sign company as the primary liaison with the City for the purpose of sign permit requests in conformance with the approved master sign program. (e) As proposed, signs will be appropriately visible and legible as far as spacing and proportion of letters and details, and will not dominate the visual quality of the site or obscure existing or adjacent signs. (f) A master sign program deviating from the specific standards of the Tustin City Sign Code is authorized by TCC Section 9403.i.2(e) subject to approval of a conditional use permit for a single development project of at least one (1) acre in project size, and that the subject property is 2.4 acres in size. ZA Action 10-004 CUP 09-032 May 3, 2010 Page 3 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 unique and sizable building facade facing the freeway, the master sign program will ensure that signs will be appropriately visible while at the same time maintaining public safety and the visual quality of the site. This project is Categorically Exempt pursuant to Section 15311, Class 11 of the California Code of Regulations (Guidelines far the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 09-032 authorizing the modification of the master sign program for the property located at 13911 - 13951 Carroll Way 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 3`~ day of May, 2010. ~-/ ELOISE ARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) DANA L. OGDON ACTING ZONING ADMINISTRATOR 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. 10- 004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 3~d day of May, 2010. ~ - ,~ ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 10-004 CONDITIONAL USE PERMIT 09-032 CONDITIONS OF APPROVAL GENERAL (1) 1.1 All signs shall substantially conform to the Master Sign Program date stamped May 3, 2010, 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 or sign permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use Permit (CUP) 09-032 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 09-032, 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) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A ZA Action 10-004 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. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SIGNS (4) 2.1 Monument sign tenant panels shall be of a uniform size, design, font, and background color. Any non-conforming panels on the existing monument sign shall be replaced in conformance with this condition within sixty (60) days of approval of CUP 09-032. (***) 2.2 Any existing unpermitted signs shall be removed or brought into compliance within six (6) months of approval of CUP 09-032. (***) 2.3 The existing raceway or sign support structure on the south end of the freeway-facing elevation shall be removed within thirty (30) days of approval of CUP 09-032. BUILDING DIVISION (3} 3.1 At the time of building permit application, the plans shall comply with the latest State and City of Tustin adopted codes: California Building Code, California Electrical Code, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 At the time of submittal for a sign permit, a Title 24 Energy Calculation will be required for all illuminated signs. (4) 3.3 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. PUBLIC WORKS/ENGINEERING (1 J 4.1 If the applicant/owner is to redesign and reconstruct the existing monument sign along Carroll Way, the applicant/owner shall relocate the monument sign away from street trees. Exhibit A ZA Action 10-004 Page 3 (1) 4.2 All signs shall be designed and constructed outside of the public right-of-way. 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) 4.3 Prior to issuance of any permit, the applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et seq.) to recycle at least 50 percent of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. Prior to issuance of any permit, the applicant shall post the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to "City of Tustin." FEES (2) 5.1 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.