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HomeMy WebLinkAboutZAA 16-007 ZONING ADMINISTRATOR ACTION 16-007 CONDITIONAL USE PERMIT 2016-14 15771 RED HILL AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application was filed by Martin T. O'Hea of Bixby Land Company, requesting authorization to establish a master sign plan that deviates from the Tustin City Code to accommodate future tenants within a recently remodeled industrial office building at 15771 Red Hill Avenue. B. That, pursuant to the Tustin City Code (TCC 9404b6), the proposed project requires approval of a master sign plan through a Conditional Use Permit (CUP). Pursuant to the Tustin City Code (TCC) 9299b.3(f), the Zoning administrator is the review authority for a minor CUP for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. C. That the site is designated as Industrial by the City General Plan .. and is zoned Planned Community Industrial/Business (PC IND/BUS) which provides for a variety of commercial, industrial, and professional office uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. D. That a public hearing was duly called, noticed, and held for CUP 2016-14 on August 19, 2016, 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. Pursuant to Ordinance 816 and the Planned Community IndustriallBusiness (PC IND/BUS) standards adopted by the Tustin City Council, signage shall conform to the Tustin Sign Code. 2. Pursuant to TCC Section 9404b6, deviation for sign standards are allowable for projects with at least thirty thousand (30,000) ZAA 16-007 CUP 2016-14 Page 2 building square feet or one (1) acre in project size with the approval of a CUP. The newly remodeled creative office project includes 96,627 square feet of building area and therefore qualifies for a master sign plan that deviates from the Tustin Sign Code with the approval of a CUP. 3. Pursuant to the Tustin City Code (TCC) 9299b.3(f), the Zoning Administrator is the review authority for a minor CUP for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site and therefore meets the necessary threshold to allow signs throughout the development. 4. The subject property can accommodate a variety of industrial, office, and/or retail and commercial uses and has the necessary components to support flexible sign design. Adequate sign standards contained within the master sign plan reflect a common theme, incorporating design elements in terms of sizing, scale, massing, materials, letter styles, colors, illumination, sign type and sign shape to ensure-that signage will be coordinated throughout the project site. 5. The master sign plan, as proposed, would not have an adverse impact on adjacent properties in that the signage design and locations have been oriented to minimize the overall number of signs while maximizing the project identification and directional signs for the development. As proposed, the signs would be compatible with the visual characteristics of the development, compatible with other signs in the surrounding area, and would not detract from adjacent developed properties. 6. The scale and massing of the proposed signs reflect the architecture of the buildings/structures on the site and are consistent with the size and scale of the site and the overall development within the community. Signs would be appropriately visible and legible in terms of spacing and proportion of letters and details, and would not dominate the visual quality of the site. 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). ZAA 16-007 CUP 2016-14 Page 3 Il. The Zoning Administrator hereby approves CUP 2016-14 authorizing a master sign plan for permanent signage at 15771 Red Hill Avenue, 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 on the 19t" day of August, 2016. ELIZABETH A. BIN ACI ZONING ADMINISTRATOR VEkfls&Akft RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 16-007 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19th day of August, 2016. VERA TI`SCAkN6\'V RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-14 15771 RED HILL AVENUE GENERAL (1) 1.1 Signage shall substantially conform to the submitted Master Sign Plan for the project date stamped August 19, 2016, 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, subject to review and approval by the Community Development Department. (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 2016-14 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 notarized "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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 As a condition of approval of Conditional Use Permit 2016-14,.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 SOURCE CODES (1) STANDARD-CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4), DESIGN REVIEW *** EXCEPTION Conditions of Approval CUP 2016-14 Page 2 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 the defense of any such action under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SIGNS (1) 2.1 A sign permit shall be applied for and obtained-from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 2.2 All signs shall conform to the master sign plan. All signs shall be structurally safe and maintained in good condition at all times. (1) 2.3 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. All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to (1) 2.4 degrade in adverse weather conditions. The locations for any signs shall comply with the City of Tustin Guidelines for (1) 2.5 Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations of the four (4) new signs that are requested. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. Adequate sight distances at the public right-of-way accesses shall be provided. A site plan should show "limited use areas" that will facilitate the provision of adequate sight distance at the public right-of-way. PLAN SUBMITTAL (1) 3.1 At the time of sign permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. Conditions of Approval CUP 2016-14 Page 3 (1) 3.2 Submit three (3) sets of plans and structural calculations to the Building Division for plan check. (1) 3.3 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a 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 a[) to recycle at least 50% of the project waste material b. The applicant will be required to submit a $50.00 application fee and a cash security 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. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the"City of Tustin". FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees (1, 5) 4.2 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 the 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 Califomia Environmental Quality Act could be significantly lengthened.