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Home My WebLink AboutZAA 23-005 ZONING ADMINISTRATOR ACTION 23-005 CONDITIONAL USE PERMIT 2023-0013 1062 IRVINE BOULEVARD 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) 2023-0013 was filed by Billie Jo Williams, on behalf of Starbuck's, requesting authorization to allow roof mounted signage in conjunction with a master sign plan for an existing historic building Located at 1062 Irvine Boulevard. B. That the project site is located within the Retail Corn merciaL (C-1) zoning district and pursuant to TCC Section 9404a(1)(p) and 9299b(3)(L), the Zoning Administrator has the authority to review and approve roof signs on buildings Listed within the City's Historic Resources Survey as part of a master sign plan. The subject property is listed on the City's 2021 Historic Resource Survey. C. That due to the request for the roof signs, the master sign plan is also being forwarded to the Zoning Administrator for review. D. That the Community CommerciaL Land use designation of the General Plan provides opportunities for a mixture of retail, professional office and service- oriented business activities and their related signage. E, That Tustin City Code (TCC) Section 9299b(3)(L) requires approval of a CUP for roof signs on buildings Listed within the City's Historic Resources Survey. The property is listed on the City's current Historic Resource Survey. F. That a public hearing was duly caLLed, noticed, and held for CUP 2023-0013 on August 24, 2023, by the Zoning Administrator. G. That the proposed master sign plan and corresponding roof signs,wall signs and drive through directional signage will not, underthe 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 roof mounted signage and master sign plan, as proposed, would not have an adverse impact on adjacent properties in that the signage design Zoning Administrator Action 23-005 CUP 2023-0013 (1062 Irvine Boulevard) August 24, 2023 Page 2 and Location has been oriented to minimize the overall number of signs white maximizing project identification for the development in keeping with the historic character of the site and building. 2) As proposed, the roof mounted sign,age and master sign plan 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 roof mounted sign and overall master sign plan 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. H. This project is Categorically Exempt pursuant to Section 15311 (Class 11) of the California Code of Regulations (Guidelines for the California Environmental, Quality Act). 11. The Zoning Administrator hereby approves CUP 2023-0013 to allow roof mounted signa,ge in conjunction with a master sign plan for an existing historic building Located at 1062 Irvine Boulevard,subjectto 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 2411, day of August, 2023. JAW4j—A�— JIJI`S A L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Actbn 23-005 CUP 2023-0013 (1062 Irvine Boulevard) August 24, 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. 23-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24 th day of August, 2023. VERA HURTADO, RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 23-005 CONDITIONAL USE PERMIT 2023-0013 CONDITIONS OF APPROVAL 1062 IRVINE BOULEVARD GENERAL (1) 1.1 The proposed project shall substantially conform with the plans dated August 24, 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 2023-0013 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 shalt 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 (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 23-005 CUP 2023-0013 (1062 Irvine Boulevard) August 24, 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 2023-0013, the applicant shall agree, at its sale 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) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subjectto the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 23-005 CUP 2023-0013 (1062 Irvine Boulevard) August 24, 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 forthe 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 Atthe 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) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 23-005 CUP 2023-0013 (1062 Irvine Boulevard) August 24, 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) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION