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Home My WebLink AboutPC RES 4373 (4) ZONING ADMINISTRATOR ACTION 22-070 DESIGN REVIEW 2022-0027 765 EL CAMINO REAL 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 Design Review Permit (DR) 2022-0027 was filed by Debora Ivey, on behalf of Taco Mesita, requesting authorization to install two (2) closed line, wall-mounted neon signs with a stainless-steel background, approximately 20 square feet, on the west and east elevations of an existing restaurant building located 765 EI Camino Real. B. That pursuant to City Council Resolution No. 98-67, Exposed Neon Tubing Design Guidelines, the proposed neon signs are subject to Zoning Administrator approval. C. That the project site is within the within Development Area DA-613 of the Downtown Commercial Core Specific Plan (DCCSP) zoning district where sign types, locations and sizes shall comply with the Tustin City Code (TCC). D. That pursuant to TCC Section 9272, the proposed signage is subject to Design Review approval. E. That a public hearing was duly called, noticed, and held for DR 2022-0027 on December 15, 2022, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed closed line, wall-mounted neon signs will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole, in that the proposed signs comply with the design guidelines set forth in City Council Resolution No. 98-67 mitigating impacts typically associated with the use of exposed neon tubing and comply with TCC Section 9272, in that the following factors were considered: 1. Proposed signing. The request includes the installation of two (2) closed line, wall-mounted neon signs with a stainless-steel background, approximately 20 square feet, on the west and east elevations of an existing restaurant building. The exposed neon tubing and stainless-steel material are consistent with the building's contemporary architectural style and the sizes and locations of the two (2) signs comply with TCC Section 9404 W Sign Regulations as required by the DCCSP and City Council Resolution No. 98-67. 2. Development guidelines and criteria as adopted by the City Council. City Council Resolution No. 98-67 sets forth design guidelines for exposed neon tubing, specifically closed-line signs. The closed-line neon signs are proposed on an existing restaurant building whose architectural style is considered contemporary and the signs are located out of view from residential uses. The Zoning Administrator Action 22-010 DR-2022-00027 Page 2 proposed closed-line, neon signs are in proportion to the height, bulk, and area of the building fagade, including the primary wall sign located on the north elevation (approved under, separate permit), do not compete with the store front design, and the exposed neon tubing and stainless-steel material are compatible with the color palate of the building on which they will be located. The conditions of approval will further mitigate impacts typically associated with the use of exposed neon tubing. G. This project is Categorically Exempt pursuant to Section 15311 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Zoning Administrator hereby approves DR 2022-0027 authorizing the installation of two (2) closed line, wall-mounted, neon signs with a stainless-steel background of approximately 20 square feet, on the west and east elevations of the building located at 765 El Camino Real 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 15th day of December, 2022. Just L. WFLLKOM ZONXG ADMINISTRATOR VERA URTAAbb" RECORDING SECRETARY Zoning Administrator Action 22-010 DR-2022-00027 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, VERA HURTADO, 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, 22-010 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 15th day of December, 2022. VERA HURTAI)d-� RECORDING SECRETARY 1 Page EXHIBIT A ZONING ADMINISTRATOR ACTION 22-010 DESIGN REVIEW 2022-0027 CONDITIONS OF APPROVAL 765 EL CAMINO REAL GENERAL (1) 1.1 Signage shall substantially conform to the submitted Sign Plan for the project date stamped December 15, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (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 a sign permit is issued 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 Design Review (DR) 2022-0027 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 Community Development Director, 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 TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION 21:x'age (1) 1.6 As a condition of approval of DR 2022-0027, 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 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. (1) 1.8 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Public Works Department and shall include but not be limited to curb, gutter, street paving, and drive apron. SIGN PLAN (***) 2.1 The sign permit shall be limited to two (2) closed line neon secondary wall signs located on the east and west building elevations as shown on the approved Sign Plan. Each closed line neon sign shall measure no more than approximately twenty (20) square feet. The Community Development Director may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC and the Exposed Neon Tubing Design Guidelines pursuant to City Council Resolution No. 98-67. (1) 2.2 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. SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTION 3 1 P (1) 2.3 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (4) 2,4 Flickering bulbs, burned out bulbs, and/or broken lights shall be repaired in a period not to exceed forty-eight (48) hours from the time it is noticed. (4) 2.5 When the neon lighting/bulbs need repair, the entire element shall remain off until the repair is completed. (4) 2.6 The appearance of the hardware shall be maintained in an attractive and working manner. Repairs of hardware shall be conducted in a period not to exceed forty-eight (48) hours after City notification. (4) 2.7 The illumination of the exposed neon signs shall be limited to the business's hours of operation. PLAN SUBMITTAL (1) 3.1 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) 3.2 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 al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. A. The applicant will be required to submit a fifty-dollar ($56.40) 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 the following of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. B. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, 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 41Page personal check, or money order made payable to the "City of Tustin". FEES (1) 4.1 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 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 California Environmental Quality Act could be significantly lengthened. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION