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HomeMy WebLinkAboutZAA 23-004 ZONING ADMINISTRATOR ACTION 23-004 CONDITIONAL USE PERMIT 2023-0009 13612 NEWPORT 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 for Conditional Use Permit (CUP) 2023-0009 was filed by Tobin White, on behalf of Farmers and Merchants Bank, a request to incorporate a large-format graphic on the northwest elevation (along Newport Avenue) of a proposed commercial building at 13612 Newport Avenue. B. The project site is within the Downtown Commercial Core Specific Plan (DCCSP) in Development Area 5 (DA-5). Murals or graphics which do not promote a product or business, but which depict a scene or image, are subject to a Conditional Use Permit (CUP) and Zoning Administrator review and approval pursuant to Section 9299b(3)(k) of the Tustin City Code (TCC). C. That the proposed request is consistent with the Tustin General Plan in that the property is designated as downtown commercial and allows for commercial businesses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City's General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held for CUP 2023-0009 on June 22, 2023, by the Zoning Administrator. F. That the enhancement of the exterior fagade facing Newport Avenue with custom laser-cut aluminum mesh panels, etched with circles of varying size, that subtly appear as painted like neoclassical architectural themed image, with a total area of 1,080 square foot area (six (6) feet by twelve (12) feet), will not 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. That pursuant to Section 9299b(3)(k) the proposed signage represents graphic and is allowed within the City of Tustin when depicting a scene or image not promoting a product or business, subject to an approved CUP. 2. That, as conditioned, the proposed signage will not promote a product or business and will be subject to City review. 3. That, as conditioned, all signs shall be weather and rain resistant, abrasive resistant, peel resistant, and non-yellowing so as not to degrade in adverse weather conditions. Zoning Administrator Action 23-004 CUP 2023-0009 (Graphics) Page 2 4, That the maintenance and removal of any futuire signs for the site is adequately addressed in the Conditions of Approval, 5. The City's Public Works Department, Police Department and Building Division have reviewed and have no immediate concerns on the development of the proposed project, as conditioned. 6. The Traffic Engineering Division of the Public Works Department has reviewed the application and has no immediate concerns. 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). This exemption addresses construction of accessory structures including on-premises signs, 11. The Zoning Administrator hereby approves CUP 20,23-0009, authorizing a large-format graphic on the northwest elevation (along Newport Avenue) of a proposed commercial building at 13612 Newport 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 22nd day of June, 2023. le /A JUSWI (A L. WILLIKOM Z( G ADMINISTRATOR VERA HURTADt� RECORDING SECRETARY Zoning Administrator Action 23-004 CUP 2023-0009 (Graphics) 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, 23-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 22nd day Of June, 2023. VEWHURtAbb'","'- \ RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2023-0009 CONDITIONS OF APPROVAL 13612 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated June 22, 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 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(CUP) 2023-0009 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 23-004 CUP 2023-0009 (Graphics) June 22, 2023 Page 2 (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. (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 As a Condition of Approval of CUP 2023-0009, 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, orany 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) 1.8 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) 1.9 All Conditions of Approval for CUP 2023-0009 shall remain in full force and effect for as long as the business continues to operate. SIGNAGE (1) 2.1 Approval for CUP 2023-0009 is limited to one (1) large-format graphic on the northwest elevation of the building located 13612 Newport Avenue. The large format graphic will be composed of fifteen (15) custom laser-cut aluminum mesh panels measuring six (6) feet by twelve (12) feet for a total of 1,080 square feet. Each panel would be etched with circles of varying diameters that collectively would display a painted-like art image representing neoclassical architecture. Zoning Administrator Action 23-004 CUP 2023-0009(Graphics) June 22, 2023 Page 3 (1) 2.2 A building permit or sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign or graphic, 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) 2.3 The large-format graphic shall conform to the approved plans dated June 22, 2023, and revert to the City of Tustin Sign Code for any signage not addressed in this application. (*�*) 2.4 All aluminum mesh panels containing the large-format graphic shall be 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. {***) 2.8 All maintenance and repairs to the large-format graphic shall be at least equal in quality and design to the original signs. (***) 2.6 Any replacement, modification, or removals of the large-format graphic shall require review and approval by the Community Development Director to ensure compliance with DR 2022-0031. If replacement, modification, or removal, is approved by the Community Development Director that results in background discoloration or holes in the building elevation, the CDD shall then require the repair, by patching and/or painting the building wall and affected surfaces within thirty (30) days of removal of said sign. (***) 2.7 The aluminum mesh panels containing the large-format graphic shall be weather and rain resistant, abrasive resistant, peel resistant, non-yellowing and constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (***) 2.8 The proposed graphics are limited to a scene or image and shall not promote a product or business. Any changes to the image could be made if graphics meet the spirit and intent of this approval and require review and approval by the Community Development Director. Zoning Administrator Action 23-004 CUP 2023-0009 (Graphics) June 22, 2023 Page 4 BUILDING AND SAFETY (1) 3.1 At the time of building 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. PUBLIC WORKS ! ENGINEERING (1) 4.1 The applicant/contractor is required to submit a Waste Reduction and Recycling Plan (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 ($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 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, personal check, or money order made payable to the "City of Tustin". FEES (1, 5) 5.1 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.