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
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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
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RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 05-018
September 26, 2005
Page 2
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SIGNS
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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
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FEES
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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.