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.