HomeMy WebLinkAboutZAA 23-001 ZONING ADMINISTRATOR ACTION 23-001
CONDITIONAL USE PERMIT 2023-0006
1302 INDUSTRIAL DRIVE
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 (CUP) 2023-0006 was filed
by Monique Marconi, on behalf of Marconi Automotive Museum & Foundation for
Kids, requesting authorization to establish a master sigh plan that would allow
replacement of an existing wall sign with a 116 square foot primary wall sign that
exceeds the maximum allowable sign area in the zone for the property located
at 1302 Industrial Drive.
B. That the project site is located within the Planning Community Commercial
District(PC COM) zoning district and within the Pacific Center East Specific Plan
(SP-11) in the Technology Center subarea and pursuant to TCC Section
9299b(3)(m), the Zoning Administrator has the authority to review and approve
master sign plans with deviations from sign standards for a single development
project of at least one (1) acre in project size. The subject property is
approximately 1.84 acres and therefore meets the minimum criteria to request a
master sign plan.
C. That the Planned Community Commercial/Business land use designation of the
General Plan provides opportunities for a mixture of activities permitted within
the Community Commercial, Professional Office, and Industrial land use
designations and their related signage.
D. That Tustin City Code (TCC) Section 9299b(3)(m) requires approval of a CUP
for qualifying projects requesting master sign plan deviations from zoning
standards.
E. That a public hearing was duly called, noticed, and held for CUP 2023-0006 on
March 16, 2023, by the Zoning Administrator.
F. That the proposed master sign plan and corresponding wall sign 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 in that:
1} The master sign plan, as proposed, would not have an adverse impact on
adjacent properties in that the signage design and location has been
oriented to minimize the overall number of signs while maximizing project
identification for the development.
Zoning Administrator Action 23-001
CUP 2023-0006 (1302 lndustriai Way)
March 16, 2023
Page 2
2) As proposed, the sign 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.
3) The scale and massing of the proposed sign are consistent with the size
and scale of the site and the overall development within the community.
The sign 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,
G. This project is Categorically Exempt pursuant to Section 15311 (Class 1'1) of the
California Code of Regulations (Guidelines for the California Environmental Quality
Act).
11. The Zoning Administrator hereby approves CUP 2023-00,06 authorizing the
establishment of a master sign plan that would allow replacement of an existing wall sign
with a 116 square foot primary wall sign that exceeds the maximum allowable sign area
in the zone for the property located at 1302 Industrial Drive, 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 16th day of March, 2023.
JU -t*A L. WIILLKOM
ZONING ADMINISTRATOR
VERA HURTADO
RECORDING SECRETARY
Zoning Administrator Action 23-001
CUP 2023-0006 (1302 Industrial Way)
March 16, 2023
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. 23-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 16th day of March, 2023.
A,
VERA HURTADO
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 23-001
CONDITIONAL USE PERMIT 2023-0006
CONDITIONS OF APPROVAL
1302 INDUSTRAIL DRIVE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the plans dated
March 16, 2023, 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 if such
modifications are consistent with provisions of the Tustin City Code (TCC)
and other applicable codes.
(1) 1.2 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 CUP 2023-0006 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.
Failure to comply with the Conditions of Approval of the establishment
creates undue burden to City resources, or if the CUP is abandoned for a
twelve (12) month period, these circumstances shall be grounds for
revocation of the CUP.
(1) 1.5 Any transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development.
Failure to do so would be a basis for revocation proceeding.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW * * EXCEPTION
Zoning Administrator Action 23-001
CUP 2023-0006 (1302 Industrial Way)
March 16, 2023
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.7 CUP 2023-0006 may be reviewed on an annual basis, or more often if
necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
the Conditions of Approval. If the use is not operated in accordance with
CUP 2023-0006, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community
Development Director shall impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
CUP.
(1) 1.8 As a Condition of Approval of CUP 20230006, 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, Zoning
Administrator, 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) 1.9 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) 1.10 Approved uses shall operate within all applicable State, County, and TCC
regulations. Any violations of the regulations of the ABC as they pertain to
the subject location, or of the City of Tustin, as they relate to the sale of
alcoholic beverages, may result in the revocation of the subject CUP, as
provided by the TCC.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PCICC POLICY
(4) DESIGN REVIEW EXCEPTION
Zoning Administrator Action 23-001
CUP 2023-0006 (1302 Industrial Way)
March 16, 2023
Page 3
SIGNAGE
(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 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.
(1) 2.3 All signs shall be constructed of a non-corrosive, rust-resistant finish so as
not to degrade in adverse weather conditions.
(1) 2.4 The locations for any signs shall comply with the City of Tustin Guidelines
for 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. 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 purposed.
PLAN SUBMITTAL
(1, 5) 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.
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
Zoning Administrator Action 23-001
CUP 20230006 (1302 Industrial Way)
March 16, 2023
Page 4
FEES
(1,5) 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 CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION