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HomeMy WebLinkAboutZAA 05-018 ZONING ADMINISTRATOR ACTION 05-018 CONDITIONAL USE PERMIT 05-031 THE TUSTIN MARKET PLACE 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 for Conditional Use Permit 05-031 was filed by Lyn Davis, on behalf of The Irvine Company, to amend the approved master sign program for "The Tustin Market Place", to include criteria for seven (7) additional signs (four entry monument signs with tenant listings, an entry pylon with tenant listings, an area identification wall sign, and an automobile directional monument). B. That the proposed project is located within the "East Tustin Specific Plan" land use designation of the General Plan, which provides for various commercial developments zoned PC-MU, and is regulated by the East Tustin Specific Plan. In addition, the project is consistent with the Air Quality Sub- element of the City of Tustin General Plan. C. That pursuant to Section 9404b.b of the Tustin City Code, signs that deviate from standards in the Tustin Sign Code can be authorized with the approval of a Conditional Use Permit provided that the site is at least 30,000 square feet. The Tustin Market Place is a large scale development project with over 30,000 square feet of building area with an existing approved Master Sign Program D. That a public hearing was duly called, noticed, and held for said application on September 26, 2005, by the Zoning Administrator. E. That the amendment to the approved Master Sign program will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the proposed uses, 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 Tustin City Code Section 9299b3.(e), the Zoning Administrator is authorized to consider Minor Conditional Use Permits for existing development where there would be no change of occupancy or primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. 2. As proposed, the signs are generally consistent with the quantities, sizes, and locations of the existing signs at the site. The design of the proposed signs are complementary to the building architecture; Zoning Administrator Action 05-018 September 26, 2005 Page 2 3. The number, size, and design of the proposed signs, wall signs, and directional signs would be an integral part of creating a lively pedestrian atmosphere in the center; and, 4. The signs would be constructed of high quality design and materials and complement the architectural style of the buildings. 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 05-031 amending the Master Sign Program for The Tustin Market Place 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 26th day of September, 2005. b <>-e- ~J ~ DANA OGDON ACTING ZONING ADMINISTRATOR ~~ ELOISE HA~S RECORDING SECRETARY 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. 05-018 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 26th day of September, 2005. ~(~ ELOISE HAR~ RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A ZONING ADMINISTRATOR ACTION 05-015 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped on September 26, 2005, 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 to be consistent with the provisions of the Tustin City Code and other applicable codes. Conditional Use Permit 05-031 approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 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. Approval of Conditional Use Permit 05-031 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. As a condition of approval of Conditional Use Permit 05-031, 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S '(4) DESIGN REVIEW (5) (6) (7) *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Zoning Administrator Action 05-018 September 26, 2005 Page 2 (1 ) (1 ) *** SIGNS (1 ) (1 ) (5) (5) 1.6 1.7 1.8 2.1 2.2 2.3 2.4 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. . Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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. All signs shall be maintained in proper operating order at all times. If the City becomes aware of any lighting or signs that are not operable, the applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City. The entire sign shall not be illuminated until such repairs are completed. All signs shall comply with the applicable provisions of the Uniform Building Code, the National Electric Code and the Tustin City Code Section 9404(A)(1) as adopted by the City (including UL approvals). All signs including any change of copy, require review and approval, by the Community Development Department prior to installation. Permits shall be required for all signs. All signs shall conform to the City of Tustin Sign Code and the Tustin Market Place Master Sign Program including window signs, which shall not exceed 15 percent of the glass area upon which the sign is located. All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. Exhibit A Zoning Administrator Action 05-018 September 26, 2005 Page 3 PLAN SUBMITTAL (5) 3.1 (5) 3.2 (5) 3.3 FEES (1 ) 4.1 (1 ) 4.2 Four (4) sets of construction level plans with necessary specifications and details prepared in accordance with the Uniform Building Code, and other related Codes, City Ordinances, and State and Federal laws and regulations shall be submitted for review and approval by the Community Development Department. The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations of the seven (7) new signs that are requested. Any signs in proximity to the public right-of-way that could impact driver sigh 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. The City of Tustin Standard No. 510 can be referenced for the provision of adequate sight distance. Prior to issuance of any building permits, all payments shall be made of all applicable fees including the building division and sign permit fees. Payment shall be required based on upon those rates in effect at the time of payment and are subject to change. 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 forty-three dollars ($43.00) 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.